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; the 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 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; the 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)
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 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)
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 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)
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 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; the 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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Bilingual services available: staff members versed in English, Filipino and Hindi; translators will be provided for additional languages
Your dignity and unalienable right to make informed decisions at each stage of the case is our paramount concern. In short, we are committed to providing experienced, forceful advocacy, as well as knowledgeable, comprehensive advice. We are dedicated to your empowerment.
