New York City DUI Lawyer
Defense for Driving While Intoxicated Charges in NYC
Driving while intoxicated (DWI), often referred to as driving under the influence (DUI), is a serious crime in New York. About one-third of all traffic fatalities in the United States involve a driver who has an illegal blood alcohol concentration of .08% or greater, and this has made politicians, lawmakers and law enforcement agencies extremely harsh on alleged drunk drivers. This does not mean, however, that a person who is pulled over for suspected drunk driving has no rights. If you were pulled over and took field sobriety tests or a breath test after a DUI arrest, you have the right to an attorney.
If you have been arrested for DUI, make sure you take the right steps to protect your freedom and future. A New York City criminal defense attorney can provide the legal representation you need to fight your charges. Even if it seems that the odds are stacked against you, you may have been subjected to an improperly administered breath test or inaccurately graded field sobriety tests. A skilled lawyer can uncover these errors and work to build a compelling defense against your charges, helping you avoid serious penalties.
New York DWI Charges: NYS Vehicle and Traffic Code § 1192
New York State Vehicle and Traffic Code § 1192 describes the criminal offenses related to driving under the influence of alcohol or a controlled substance and classifies these according to their severity. There are different ways a NYC driver may be charged with an offense under this law:
- "Driving while ability impaired" (DWAI) applies to operating a motor vehicle while one's normal abilities to drive are impaired by alcohol.
- "Driving while intoxicated; per se" involves driving with a blood alcohol concentration of .08% or greater as proven by a blood, breath, urine or saliva sample analysis.
- "Aggravated driving while intoxicated" involves driving with a blood alcohol concentration of .18% or greater, or with a child under 16 years old in the vehicle.
- "Driving while intoxicated" involves driving a vehicle in an intoxicated condition.
- "Driving while ability impaired by drugs" involves driving a motor vehicle while one's abilities are impaired by a drug or drugs, or driving while one's abilities are impaired by a combination of alcohol and drugs.
- "Commercial motor vehicles: per se – level I" applies to commercial driver's license holders found driving with a blood alcohol concentration of .04% or greater.
- "Commercial motor vehicles: per se – level II" applies to commercial drivers found operating a motor vehicle with a blood alcohol concentration of .06% or greater.
Learn More About DWI Charges & Penalties
This portion of our website has been created to offer helpful guidance and insight regarding DWI charges in New York. Feel free to review the following descriptions or click on a topic below:
Most DWI offenses in New York are charged as misdemeanors, but there are circumstances that may result in DWI being classified as a felony. Causing a serious auto accident or committing multiple DWI offenses in a certain time period may mean that a defendant will face felony DWI charges under New York law.
A second or third DWI offense within 10 years of a previous DWI conviction may result in felony charges. Multiple DWI convictions may also mean that a driver's license will be permanently revoked. Drivers with prior convictions on their records should take extra care when involving an attorney to challenge new charges, as these may have serious consequences.
New York DWI Penalties
The penalties for DWI-related offenses in New York will vary depending on a few key factors: the driver's blood alcohol concentration, whether the driver refused breath/blood testing, any prior DWI convictions, whether a child was in the vehicle at the time of the offense and whether the driver caused a serious traffic accident.
Contact a NYC DWI Defense Attorney Today
You need to involve an attorney as soon as possible if you have been arrested for DWI or DWAI in New York City. Even a first offense may result in up to 1 year in jail, a fine of $500-$1,000 and a 6-month driver's license revocation. If you are an out of state driver or hold a commercial driver's license, you may face these penalties and additional complexities that should be addressed by a skilled professional. Protect your future, your freedom and your driving privileges – contact a NYC DWI defense attorney today.
View the firm's profile at FindaDUIAttorney.com.