New York DWI
Pursuant to the New York Vehicle and Traffic Law Section 1192, any person who operates a motor vehicle under the influence of alcohol with a blood alcohol content (BAC) of .08 or greater is guilty of a DWI. A New York DWI Lawyer can explain to you that a depending the circumstances surrounding an arrest, a DWI can be classified as a misdemeanor or a felony. A DWI conviction stays on your permanent criminal record. There is no expungement of criminal convictions in New York for a DWI.
A DWI is classified by the intoxicant and the means by which you are tested for your BAC.
DWI Misdemeanor Charges
1192.1 DWAI-driving while ability impaired in not a crime (.04 to .07BAC).
1192.2 DWI Under Common Law- test for sobriety by exam and observation by officer;
1192.3 Scientific DWI-BAC- test by Breathalyzer, blood or urine;
1192.4 Drugs-driving under the influence of drugs is determined by blood, urine, observation and statement of admission.
The amount and type of alcohol that has been consumed is a factor in a DWI, as well as the size and weight of the defendant. Whether the defendant ate prior or during drinking, and the time that elapsed while drinking will also affect the BAC level. Interestingly, gender can be a factor, as women generally are more susceptible from the effects of alcohol than men. The general rule of thumb is if you drink consume drink per hour your body will be able to metabolize the alcohol properly. This is a general guideline and varies widely from person to person.
Sentencing guidelines for first time offenders of both DWI and DWAI are:
1192.1 Driving while ability impaired (DWAI) will result in a fine of $300.00 to $500.00. The maximum jail sentence is 15 days & a 90 driver’s license suspension.
1192.2 Driving While Intoxicated (DWI) carries fines between $500.00 to $1,000.00, up to 1-year in jail, and a minimum 1-year license suspension.
1192.3 Driving While Intoxicated (DWI) includes fines of $500.00 to $1,000.00, up to 1-year in jail, and a minimum driver’s license suspension of 1-year.
1192.4 Driving While Impaired by Drugs (DWAI) carries fines of $500.00 to $1,000.00, up to 1-year in jail, and a minimum license suspension of 1-year.
If you have been charged with a DWI, it is important to speak with a New York DWI Lawyer who will aggressively pursue your defense and ensure that your rights are protected. Contact the office of Elliott Adler, P.C. for legal advice and guidance. We will provide you with legal advice, as well as a free case consultation with your first appointment. For your convenience, we have office locations throughout New York City, including Manhattan, Queens, Brooklyn and the Bronx. On Long Island, we have offices in Nassau County and Suffolk County. Contact us today for an appointment at 800.696.9529