DWI, DUI, DWAI Expert Attorneys

Driving While Intoxicated/Driving Under the Influence (DWI/DUI)

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DWI / DUI

Definition: Operation of a Motor Vehicle with a .08 Blood-Alcohol Content (BAC) and/or observations by the police which constitute evidence of intoxication, such as weaving; slurred speech; red, watery eyes; odor of alcohol on the breath; unsteady on feet; poor performance on field-sobriety tests; and/or other standardized evidence of intoxication.

Penalties: Driving While Intoxicated (DWI / DUI) is a misdemeanor crime, punishable by a maximum penalty of one year in jail, three years’ probation, mandatory fines, and a six-month license revocation. Vehicle forfeiture, ignition interlock and mandatory substance abuse treatment are potential additional penalties. An individual convicted of DWI / DUI will have a permanent criminal record.

Second Offense within 10 Years of Driving While Intoxicated

Definition: Operation of a Motor Vehicle with a .08 Blood-Alcohol Content (BAC) and/or observations by the police which constitute evidence of intoxication, such as weaving; slurred speech; red, watery eyes; odor of alcohol on the breath; unsteady on feet; poor performance on field-sobriety tests; and/or other standardized evidence of intoxication. The defendant must also have a prior conviction for Driving While Intoxicated within 10 years prior to the currently charged incident.

Penalties: A Second Offense within 10 Years of Driving While Intoxicated (DWI / DUI) is a felony crime, punishable by a maximum penalty of one and one-third to four years in prison, five years’ probation, mandatory fines, and a one-year license revocation. Vehicle forfeiture, ignition interlock and mandatory substance abuse treatment are potential additional penalties. An individual convicted of DWI / DUI as a Second Offense will have a permanent felony criminal record.

Driving While Alcohol OR Drug Impaired (DWAI)

sobriety tests DWI, DUI, DWAI - Expert Attorneys - Stein & Stein Law Firm LI to NYC


Driving While Alcohol Impaired (DWAI):

Definition: Operation of a Motor Vehicle with a .05 to .07 Blood-Alcohol Content (BAC).

Penalties: Driving While Alcohol Impaired (DWAI) is a traffic infraction, punishable by a maximum penalty of fifteen days in jail, mandatory fines, and a 90-day license suspension. Vehicle forfeiture, ignition interlock and mandatory substance abuse treatment are potential additional penalties.

Driving While Impaired by Drugs (DWAI Drugs):

Definition: Operation of a motor vehicle and evidence of impairment by a controlled substance, including legally prescribed medications which are on the Public Health Law’s list of Controlled Substances, including many anxiety medications and pain killers. An officer’s observations of weaving; slurred speech; red eyes or dilated pupils; unsteady on feet; poor performance on field-sobriety tests; and possession of drugs can constitute evidence of impairment.

Penalties: Driving While Impaired by Drugs (DWAI Drugs) is a misdemeanor crime, punishable by a maximum penalty of one year in jail, three years’ probation, mandatory fines, and a six-month license revocation. Vehicle forfeiture, ignition interlock and mandatory substance abuse treatment are potential additional penalties. An individual convicted of DWAI Drugs will have a permanent criminal record.

Second Offense within 10 Years of Driving While Impaired by Drugs (DWAI Drugs)

sobriety tests DWI, DUI, DWAI - Expert Attorneys - Stein & Stein Law Firm LI to NYC

Definition: Operation of a Motor Vehicle and evidence of impairment by a controlled substance, including legally prescribed medications which are on the Public Health Law’s list of Controlled Substances, including many anxiety medications and pain killers. An officer’s observations of weaving; slurred speech; red eyes or dilated pupils; unsteady on feet; poor performance on field-sobriety tests; and possession of drugs can constitute evidence of impairment. The defendant must also have a prior conviction for Driving While Intoxicated or Driving While Impaired by Drugs within 10 years prior to the currently charged incident.

Penalties: Second Offense Driving While Impaired by Drugs is a felony crime, punishable by a maximum penalty of one and one-third to four years in prison, five years probation, mandatory fines, and a one-year license revocation. Vehicle forfeiture, ignition interlock and mandatory substance abuse treatment are potential additional penalties. An individual convicted of DWI / DUI will have a permanent felony criminal record.

Aggravated Driving While Intoxicated (A-DWI)

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Definition: Operation of a Motor Vehicle with a .18 or greater Blood-Alcohol Content (BAC).

Penalties: Aggravated Driving While Intoxicated (A-DWI) is a misdemeanor crime, punishable by a maximum penalty of one year in jail, three years’ probation, mandatory enhanced fines, and a one-year license revocation. Vehicle forfeiture, ignition interlock and mandatory substance abuse treatment are potential additional penalties. An individual convicted of A-DWI will have a permanent criminal record.

Zero Tolerance Law (Underage DWI/DUI/DWAI)

Definition: Operation of a Motor Vehicle by an individual who is under the age of 21 and intoxicated or impaired by alcohol, as evidenced by a Blood-Alcohol Content (BAC) of .02 or greater and/or observations by the police of weaving; slurred speech; red, watery eyes; odor of alcohol on the breath; unsteadiness on feet; poor performance on field-sobriety tests; and/or other standardized evidence of impairment or intoxication.

Penalties: Depending upon the extent of the alleged impairment of intoxication, there is a wide range of applicable civil or criminal penalties, including a possible permanent criminal record, incarceration, probation, mandatory fines or civil financial assessments, vehicle forfeiture, ignition interlock, mandatory participation in substance abuse treatment, and license suspension / revocation for one year.



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