New York DUI Attorneys

Fighting for Your Best Interests in New York City DWI Charges

While DUI (driving under the influence of alcohol and/or drugs) is a common term throughout the U.S., in New York this offense is labeled DWI, or driving while intoxicated. As in all other states, DWI is a serious matter and is heavily prosecuted in the interests of public safety. Depending on the circumstances of your case, it can result in various penalties from jail to prison time, heavy fines, license suspension, and an increase in your auto insurance. The laws regarding the various offenses that fall under the umbrella of DUI are complicated; to give you the best chance at fighting back you will need a defender experienced in providing smart defense strategies.

Arrested for a DWI? Call Hamilton Clarke, LLP at (646) 603-0522 or contact us online to schedule an introductory consultation about your case.

What Does DWAI Mean?

DWAI stands for “driving while ability impaired.” DWAI is specific to which substance is impairing the driver. New York provides for three different types of DWAI offenses.

  • An individual may be charged with DWAI if his or her BAC (blood alcohol content) is under 0.08%, but is still found to be driving while impaired. This could be due to having drugs in the system, or a mix of drugs and alcohol.
  • DWAI/Combination: consists of driving while ability impaired from a combination of drugs or alcohol.
  • DWAI/Drug: consists of driving while ability impaired from a single drug.

What Are the DWAI Laws in New York?

Various charges exist under New York law that are related to alcohol and/or drug impaired driving. Not only can you be charged with DWI while moving down a roadway but you could also be charged without actually driving. For example, if are sitting behind the wheel with the keys in the ignition and the motor running without moving, you may also be charged.

Under New York law, the following are examples of DWI-related charges:

  • DWI “per se,” which means driving with a blood alcohol concentration (BAC) or .08 percent or higher; for commercial license holders, DWI is defined as driving with a BAC at .04 percent or higher. DWI can also be charged with other evidence of intoxication meaning law enforcement observation of your impaired abilities
  • Aggravated DWI, defined as driving with a BAC of .18 or more
  • DWAI/Alcohol, which is driving while ability impaired, defined as driving with a BAC of .05 up to .07 percent or other evidence of your impaired abilities
  • Zero Tolerance, consists of driving with a BAC of .02 to .07 percent for a driver who is under 21

Refusal to take a DWI chemical test, whether breathalyzer or blood test, can also result in consequences consisting of a license suspension. A first refusal will result in a suspension of one year. Subsequent refusals within a five-year period will result in an 18-month suspension.

Penalties will be determined by which offense you face and your previous DWI/DWAI convictions. For example, a first DWI can be punishable by up to year in jail, fines ranging from $500 up to $1,000, along with a license suspension of six months. Second DWI convictions can lead to fines of up to $5,000, jail time of up to four years, and a one-year license suspension. Penalties will increase with subsequent convictions within 10 years. A third DWI within 10 years is charged as a felony.

Is DWI a Felony in New York?

DWI is usually a misdemeanor in New York. However, this crime quickly escalates to a felony upon the second conviction if the second conviction occurs within five years of the first. A third DWI in New York within 10 years of the first is an even more serious felony. A DWI can also be a felony if the DWI led to the death of someone or injury, you are facing felony DWI charges. Also, If you are caught driving in New York with a blood-alcohol content of .18 or higher, you will be charged with aggravated DUI. Aggravated DUI has many of the same penalties as non-aggravated DUI. The main difference in penalty is the duration of driver's license revocations.

Why Choose Us?

  • We provide excellent legal representation to give you a fighting chance against aggressive prosecution in court
  • We can also use our honed negotiation skills to seek reduced charges where applicable to help you avoid jail time.
  • We will stand by your side for the support and representation that can make a difference in your case.
  • We understand the laws, the court procedures, and how to challenge such aspects of your case as the initial traffic stop, breathalyzer procedure and results, and more.

Let Us Give You the Skilled Professional Help You Need

As you can see, the consequences of any DWI-related charge can seriously impact your life. It is critical to have professional help from a skilled attorney to have an effective defense. Our New York DUI lawyers are ready to fight for you with diligence, dedication, and hard work.

Ready to get started? Call us at (646) 603-0522 to get started today. 


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