A Queens DWI Lawyer would agree that being charged with a DWI in New York can be a frustrating and confusing experience. This is a complicated area of law that carries strict penalties if convicted. A DWI is set forth in NY Vehicle and Traffic Law 1192. This code section provides that operating a vehicle with a blood alcohol content (BAC) measuring .08% or higher is illegal. If you have been charged with a DWI or DWAI, it is important that you speak with an experienced New York DWI Lawyer from our team for guidance. You could be facing jail time, fines, and the suspension of your license.
If you have been stopped for driving under the influence, you can be charged with several different offenses:
DWI: If you are found to be operating a motor vehicle with a blood alcohol content of .08% or higher, you can be charged with a DWI.
Aggravated DWI: If you are found to be operating a motor vehicle with a blood alcohol of .18% or higher, you can be charged with an Aggravated DWI.
DWAI: If you are found to be operating a motor vehicle with a blood alcohol of .05% to .07%, you can be charged with a DWAI.
DWAI-Drugs: Driving a motor vehicle while impaired by anything other than alcohol can bring a charge of DWAI.
Being convicted of a DWAI or DWI offense is a serious matter. The penalties for these offenses are:
DWI: A DWI is a misdemeanor offense. A first DWI offense is punishable by up to 1 year in jail, fines and the suspension of your license for up to 6 months, and 3 years probation. A second DWI offense within ten years is punishable by 1 year in jail, fines, and revocation of your license for 1 year. A second conviction within 10 years would be charged as a Class E Felony DWI, which will be reflected on your permanent record.
DWAI: A DWAI charge is considered a traffic infraction, and not a criminal offense. It is not therefore reflected on your permanent record. A first offense is punishable by 15 days in jail, fines, and a 90-day license suspension. A second DWAI offense is punishable by a maximum of 90 days in jail, fines, and up to a 6 month license suspension.
A Queens DUI Attorney understands how difficult dealing with a DWI or DWAI charge can be. You could be facing substantial penalties including jail, files, probation, and suspension or revocation of your license. Speak with a dedicated New York DUI Lawyer from Stephen Bilkis & Associates, PLLC for guidance. We can create an aggressive defense strategy and want to ensure that your rights are protected. When you come in, we can provide you with guidance and a free consultation. Call us today at 800.696.9529. We have offices that serve you in New York City, and serve Manhattan, Staten Island, Brooklyn, the Bronx and Queens. We also have offices in Nassau County and Suffolk County on Long Island, and we also serve Westchester County.