Finding A DWI Lawyer in New York State
Driving while intoxicated (DWI) and driving while ability impaired (DWAI) are serious offenses in New York. It is important to understand the laws surrounding these charges. A New York DWI or DWAI conviction can result in severe consequences, including fines, driver’s license suspension, and even jail time. We will explore the rate of DWI and DWAI arrests in New York over the past few years and how getting a New York DWI lawyer and their criminal defense law firm can help you beat a DWI or DWAI charge.
DWI vs DWAI in New York State
In the State of New York, the terms DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired) are used to delineate two distinct levels of driving offenses related to alcohol and/or drug impairment. Both come with their own sets of penalties and legal consequences.
Understanding the nuances between DWI and DWAI in New York State is essential for people facing such charges. Legal advice from a top-rated criminal defense law firm is often sought to navigate the complexities of these offenses and their subsequent penalties.
DWI (Driving While Intoxicated)
A New York DWI charge is more severe and occurs when an individual is caught operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. For commercial drivers, the BAC threshold is 0.04%. DWI also encompasses driving under the influence of drugs.
DWAI (Driving While Ability Impaired)
A DWAI charge is considered less severe and is issued when an individual shows impairment but has a BAC below 0.08%. DWAI can be further categorized into DWAI-Alcohol and DWAI-Drug, or even a combination (DWAI-Combination).
DWI and DWAI Arrest Rates in New York
According to the New York State Department of Motor Vehicles, there were 33,883 DWI arrests in New York in 2019. This marks a decrease from the 35,731 DWI arrests made in 2018. The majority of DWI arrests in New York occur in New York City, followed by Nassau and Suffolk counties.
DWAI arrests in New York are slightly less common than DWI arrests. According to the New York State Department of Motor Vehicles, there were 7,324 DWAI arrests in New York in 2020.
Penalties for DWI and DWAI in New York
The penalties for DWI and DWAI in New York can be severe, depending on the circumstances of the case. The following is a general overview of the penalties for DWI and DWAI in New York:
Penalties for DWAI
- A fine of up to $500
- License suspension for 90 days
- Possible jail time of up to 15 days
- Possible participation in a drug and alcohol treatment program
Penalties for DWI
- A fine of up to $1,000
- License revocation for at least six months
- Possible jail time of up to one year
- Possible participation in a drug and alcohol treatment program
Ignition Interlock Device
In addition to the above penalties, New York also requires the installation of an ignition interlock device (IID) for some DWI offenders. An IID is a device that is installed in a vehicle that requires the driver to blow into it before the car will start. If the device detects alcohol on the driver’s breath, the car will not start.
In New York, an IID is required for:
- First-time DWI offenders with a BAC of 0.18 or higher
- All repeat DWI offenders
- Some first-time offenders, at the discretion of the court
The cost of installing and maintaining an IID can be substantial, and it is important to discuss the potential requirement of an IID with your New York DWI lawyer.
How a New York DWI Lawyer Can Help You Beat a DWI Charge
One of the main ways that a New York DWI lawyer can help you beat a DWI or DWAI charge is by investigating the circumstances surrounding your arrest. This includes reviewing the police report, blood alcohol content (BAC) test results, and any other evidence that may have been gathered by the arresting officer. Your New York DWI lawyer may also question the officer’s conduct during the arrest to determine if your rights were violated in any way.
Another way that a New York DWI lawyer can help you beat a DWI or DWAI charge is by challenging the BAC test results. BAC test results can be inaccurate for a variety of reasons, including improper administration of the test or faulty testing equipment. Your New York DWI lawyer may work with an expert witness to challenge the BAC test results and call into question the accuracy of the sobriety tests and/or the methods used to test for intoxication.
Top-Rated New York DWI Lawyers
If you have been charged with a DWI or charged with a DWAI in New York State, it is essential to seek the assistance of a top-rated New York DWI lawyer. An experienced New York DWI lawyer can provide you with the legal advice and criminal defense skills you need to help you beat your DWI or DWAI charge.
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