A Bronx DWI Lawyer can tell you that being charged with a DWI or DUI in New York can be a confusing experience. This is a complex area of law, with significant penalties if you are convicted. In New York, a DWI is defined in NY Vehicle and Traffic Law 1192. Generally speaking, if a person operates a motor vehicle with a blood alcohol content (BAC) of .08% or higher, they are guilty of a DWI. If you or a loved one has been charged with a DWI or DWAI charge, speak with an experienced New York DWI Lawyer from the offices of Stephen Bilkis & Associates, PLLC for guidance.
It is helpful to understand the distinctions between the various DWI charges:
DWI: If you operate a motor vehicle with a blood alcohol content of .08% or higher, you are guilty of a DWI.
Aggravated DWI: Operating a motor vehicle with a blood alcohol content of .18% or higher qualifies as an Aggravated DWI charge.
DWAI: Driving a motor vehicle with a blood alcohol content of between .05% to .07%, or driving with other evidence of impairment qualifies as a driving while ability impaired, or DWAI.
DWAI/Drugs: Driving a motor vehicle while being impaired by a substance other than alcohol can qualify as a DWAI.
Being convicted of either a DWI or DWAI can be a serious matter, and you could involve serious penalties. The penalties for these offenses are:
DWI: In New York, a DWI is considered a misdemeanor offense. A first offense is punishable by fines, a maximum term of one year in jail, and suspension of your driver’s license for 6 months. If this is your second DWI (within the past ten years), you could receive a Class E felony DWI charge. A Felony DWI charge will probably result in enhanced sanctions and a mark on your criminal record. Depending on your particular circumstances, you could face fines and/or 1 year in jail, and revocation of your driver’s license for up to one year.
DWAI: In New York, a DWAI charge is considered a traffic infraction, and therefore is not noted on your criminal record. A first offense is punishable by 15 days in jail, and/or fines, and a 90 day license suspension. A second offense can be punishable by up to 30 days in jail, and/or a fines, and a 6 month license suspension.
A New York DUI Attorney understands how upsetting a DWI or DWAI charge can be. You could be facing substantial penalties including jail time, loss of your license and fines. Contact an experienced Bronx DWI Lawyer from Stephen Bilkis & Associates, PLLC for advice. When you come in, we can answer your questions, and provide you with a free consultation. We have office locations serving New York including locations in both Nassau County and Suffolk County on Long Island, and Westchester County. In New York City, we have locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. Call us today at 800.696.9529.