New York DWI Lawyer
If you have been charged with a DWI in New York, do not approach this problem without the aid of a skilled New York DWI Lawyer. At the very least, a charge of Driving While Intoxicated (DWI) is a criminal misdemeanor in the state of New York. Vehicle and Traffic Law, section 1192 states that a person who operates a motor vehicle while under the influence of alcohol with a blood alcohol concentration (BAC) of .08% or higher is guilty of a DWI. This area of law is complex. Contact an experienced New York Drunk Driving Defense Lawyer from Stephen Bilkis & Associates, PLLC. We can create an aggressive defense strategy on your behalf, and possibly lessen the charges and/or penalties you may be facing.
In New York, there are different offenses related to alcohol and drug-related driving violations, which are:
Aggravated DWI: An aggravated DWI charge is when the blood alcohol level of the driver is .18% or higher;
DWI: Blood alcohol level is .08% or higher, or other evidence of intoxication;
DWAI: Driving while ability impaired: .05% BAC to .07% BAC, or other evidence of impairment;
DWAI/Drugs: Driving while ability impaired (by a drug that isn’t alcohol).
People are often confused as to the difference between a DWI and DWAI. The differences are as follows:
Intoxicated: voluntary consumption of alcohol causing a person incapable to a substantial extent of using their physical and mental abilities, which are needed to operate a vehicle as a reasonable and prudent driver.
Impairment: Impairment to any extent of the mental and physical abilities required to operate a vehicle in a reasonable and prudent manner.
DWI: Is a misdemeanor offense. A first time offender shall be punished by a maximum one year jail term and/or fines and a mandatory license revocation of six months. There is no sentence enhancement if the defendant has a prior conviction of a DWAI. A prior conviction of a DWI within the last 10 years can result in a Felony DWI charge and enhanced sanctions. A conviction of a DWI can result in the person receiving a criminal record.
DWAI: is considered a traffic infraction, and is not marked on a person’s criminal record. A first offense can be punishable by a maximum jail term of 15 days and/or fines and license suspension of 90 days. A second offense within 5 years can result in a maximum jail term of 30 days, and/or fines and license suspension of 6 months. A third offense can be punished by a maximum jail term of 90 days and/or fines and a license suspension of 6 months.
A New York DWI Lawyer understands that a DWI charge can turn your life upside down. You may be facing substantial penalties including fines, loss of your driver’s license and even jail time. With the help of a skilled New York Drunk Driving Defense Attorney from Stephen Bilkis & Associates, PLLC, there is a lot that may be done to plead down your charges and possibly reduce the penalties you face. Contact Stephen Bilkis & Associates, PLLC for legal counsel and a free consultation. Whether you have been charged with an Aggravated DUI, or you have been charged with a Felony DWI because this is your second or third offense, our office can provide you legal guidance and a strong defense. Come into any of our convenient locations serving Manhattan, Queens, the Bronx, Brooklyn or Staten Island. We also serve Westchester County, and Nassau County or Suffolk County on Long Island. Call us today for an appointment at 1.800.NY.NY.LAW.
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