A Manhattan DWI Lawyer can agree that being charged with a DUI or a DWI is a frightening and confusing experience. Generally speaking, a DWI is considered a criminal misdemeanor in New York. According to NY Vehicle and Traffic Law 1192, a person that drives a motor vehicle with a blood alcohol content (BAC) of .08% or higher is guilty of a DWI. This area of law can be complicated, and it is important to not a DWI charge without the guidance of a skilled New York DWI Lawyer. Contact Stephen Bilkis & Associates, PLLC for advice.
It is important to understand the distinctions between some of the different DWI charges:
DWI: Operating a motor vehicle with a BAC of .08% or higher.
Aggravated DWI: Operating a motor vehicle with a BAC of .18% or higher.
DWAI: Operating a motor vehicle with a BAC of .05% to .07%, or other evidence of impairment.
DWAI/Drugs: Operating a motor vehicle ability impaired from a substance other than alcohol.
There is often some confusion between the difference between DWI and a DWAI. The distinctions here are:
Intoxicated: For purposes of a DWI charge, intoxication is defined as the voluntary consumption of alcohol the extent that an individual is unable to use their physical and mental abilities that are needed to operate a motor vehicle.
Impairment: Any type of impairment that affects mental and physical abilities required to operate a vehicle in a reasonable manner.
DWI: A DWI is a misdemeanor offense. A first time offense can be punished by a maximum one year jail sentence, and/or fines and a license suspension of 6 months. If you have a prior conviction for a DWI within the past 10 years, you can be charged with a Felony DWI, and enhanced sanctions.
DWAI: A DWAI is considered a traffic infraction. A first offense can be punished by 15 days in jail and/or fines, and a 90 license suspension. A second offense (within 5 years), is punishable by 30 days in jail, fines, and a 6 month license suspension.
If you have been charged with a DWI or DWAI charge, it is important to speak with a qualified Manhattan DWI Attorney from Stephen Bilkis & Associates, PLLC. We can provide you with guidance and help you protect your legal rights. Contact our office today at 800.696.9529. You can receive not only legal guidance, but also a free consultation. We have offices to serve you in New York City, including locations in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have locations in Nassau County and Suffolk County in Long Island, as well as Westchester County.