Driving While Intoxicated (DWI) , Driving While Ability Impaired (DWAI)

In New York, Driving While Intoxicated, (DWI), is a criminal offence that results in license revocation. Driving While Ability Impaired (DWAI) is a violation, that upon conviction results in license suspension (or revocation if it is the second or third offence). When a driver is arrested for DWI, or DWAI, their driver’s license is immediately jeopardized thereby impacting the driver’s ability to work and take care of their families. The penalties may also include incarceration, fines, restitution, and probation.

In my experience, most of the drivers who are arrested for DWI or DWAI are initially stopped by a police officer for some other violation of the Vehicle & Traffic Law, such as speeding or an unsafe lane change. When the driver is stopped, the police officer will ask the driver a variety of questions and request the driver to perform a number of field sobriety tests. Depending upon the results of the tests, the driver may be taken into custody and brought to the police station to perform a blood alcohol test. This test determines the driver’s blood alcohol content (BAC). If the test results conclude the driver’s BAC is between .05 and .08, the driver will most likely be charged with driving while ability impaired (DWAI). If the BAC is .08 or greater the driver can expect to be charged with driving while intoxicated (DWI). Depending on the driver’s history, and the circumstances of the charge, the DWI may be charged as a Felony or a Misdemeanor. These are commonly referred to as the “statutory” DWI laws. In addition to these charges, the driver can expect to be charged with “common-law” driving while intoxicated as well as the original offence that caused the police to initially stop the driver.

The impact of a drinking and driving conviction may include a criminal record, incarceration, probation, license suspension or revocation, requirement to complete the New York State Department of Motor Vehicle’s Drinking Driver Program, attend a Victim’s Impact Panel, court costs, a NYS Driver’s Responsibility Assessment of $250.00 per year for three years and insurance increases. I understand the process and provide my clients step by step instruction regarding the charges, the ramifications of a guilty plea, and the procedure to appear in Court.

Call me today at (518) 694-1923 for a free telephone consultation!