New York City DWI Lawyer

A New York DWI Lawyer can tell you that if you have been charged with a DWI, it is important to not approach this problem alone. At a minimum, a DWI charge is a misdemeanor offense in New York, pursuant to Vehicle and Traffic Law 1192. In this code section, a DWI is defined as operating a motor vehicle with a blood alcohol concentration (BAC) of .08 or higher. This area of law is complicated, and it is important that you consult with a New York City DWI Lawyer from our team for assistance.

In the state of New York, there are various offenses dealing with alcohol and drug driving violations, such as:

DWI: Driving with a blood alcohol concentration of .08 or higher.

Aggravated DWI: An Aggravated DWI involves driving with a blood alcohol concentration of .18 or higher.

DWAI: Driving while ability impaired, with a .05-.07% blood alcohol level, or other evidence of impairment.

DWAI/Drugs: Driving while ability impaired from a drug (not alcohol).

Many are often confused as to what is the difference is between a DWI and DWAI. The differences are:

Intoxicated: Intoxication is defined as the consumption of alcohol causing a person to be unable to use their mental and physical abilities to a substantial extent, and affecting their ability to operate a vehicle

Impairment: Impairment for purposes of a DWAI refers to any degree of impairment that affects someone’s ability to operate a vehicle.

The penalties for these charges include:

DWI: A DWI is considered a misdemeanor offense. A misdemeanor is any crime that is punishable by one year or less in jail. A DWI is punishable by one year or less in jail and/or fines, and the mandatory revocation of your license. If you have had a prior DWI within the last 10 years, you can be charged with a Felony DWI.

DWAI: This offense is considered a traffic infraction and is not reflected on your record. A first offense is punishable by a maximum of 15 days in jail and/or fines, and a 90 day license suspension. A second offense within 5 years is punishable by a maximum of 30 days in jail, fines, and a 6 month license suspension. A third offense is punishable by a maximum of 90 days in jail, fines and a 6 month license suspension.

There is no doubt that being charged with a DWI or any other drunk driving charge can be a scary and humiliating experience. You could be facing serious penalties that include jail time, loss of your license and fines. Speak with a New York Drunk Driving Attorney from Stephen Bilkis & Associates, PLLC. An experienced DWI lawyer from our office can tell you, depending on your circumstances, your charges may be able to be plead down, and your penalties minimized. Whether you have been charged with a Felony DWI, an Aggravated DWI, or this is your first offense, our office can explain your legal options to you and ensure that your rights are protected. When you come in, we can provide you with legal guidance and a free consultation. We have office locations to serve you throughout New York including Westchester County and Suffolk County and Nassau County on Long Island. In New York City, we have locations in Manhattan, Staten Island, the Bronx, Brooklyn and Queens. Call our office today to make an appointment at 1.800.NY.NY.LAW.

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