On average, almost 90,000 DWI related arrests are made in New York State every year!  They can happen to almost anyone and can result in serious fines, dramatically increased insurance rates, loss of driving privileges and, sometimes, even jail or prison sentences.  They are offenses that prosecutors and courts take very seriously and anyone charged with a DWI offense needs to be sure that they are represented by an attorney that understands one of the most intricate and complicated areas of criminal defense practice.

Defending people charged with alcohol related offenses is a very specific area of criminal law.  Effective defense of DUI related charges sometimes involves seeking the best possible "plea agreement" with the District Attorney's office.  Other times, it may mean taking the charges to a trial.  Whatever the situation, an attorney that understands both the law and the science of determining whether an individual is intoxicated, how that was determined by the police and whether proper procedures were followed, often determines the outcome of a case.

In New York State there are a variety of possible alcohol related vehicle offenses.  Which offense is charged is determined by the "Blood Alcohol Content" (BAC) of the person arrested and whether or not they have had previous convictions for alcohol related motor vehicle offenses.  In cases where a party, other than the intoxicated driver, is injured or killed very serious criminal charges may be filed, including reckless murder.

DWAI-Driving While Ability Impaired

The lowest level of alcohol related motor vehicle offense is Driving While Ability Impaired (DWAI).  Unlike virtually all other alcohol related vehicle offenses, it is not a criminal offense (misdemeanor or felony).  Instead, it is a "violation" somewhat like a speeding ticket...like a very, very serious speeding ticket.  To convict someone of DWAI the state must prove, beyond a reasonable doubt, that a person operated a motor vehicle while their ability to safely and lawfully operate that vehicle was impaired by having consumed alcohol.  A first time conviction can result in a fine of up to $500, a jail sentence of up to 15 days and will result in a 90 day suspension of your driver's license.  A second conviction for DWAI within 5 years of another alcohol related vehicle offense dramatically increases all of those penalties.  In addition, a conviction for DWAI will almost certainly lead to a substantial increase in your auto insurance rates.

DWAI is often a charge that a person arrested for DWI will end up pleading guilty to as a result of a "plea bargain".  Since it is not classified as a "crime" and has relatively small penalties, attorneys will often seek to convince district attorneys to agree to drop a DWI charge in return for a plea of guilty to DWAI.  The likelyhood that an attorney can, eventually, obtain such an agreement is often based on what kind of alcohol related driving record a defendant has.

DWI-Driving While Intoxicated (Misdemeanor)

In New York State there are two different drinking and driving offenses that are misdemeanors (a lesser "crime").  They are known as "per se" Driving While Intoxicated (DWI) and "common law"  DWI.  Both offenses are spelled out in Vehicle and Traffic Law Sec. 1192.2 and 1192.3.  Per se DWI is charged when a motor vehicle is operated by a person whom a chemical test of breath, blood or urine shows the driver had a blood alcohol content (BAC) equal to or higher than .08%.  The important aspect to understand about a "per se" DWI charge is that to convict a person a prosecutor doesn't have to show that the person acted intoxicated or showed signs that his/her ability to drive was impaired.  All that has to be proved is that the blood alcohol level was at .08% or more and that person was operating a motor vehicle.  However, that doesn't mean that the conduct of the driver is irrelevant.  In order to arrest someone and obtain a BAC sample of breath, urine or blood the police officer must have "probable cause" to believe that person is intoxicated.  That "probable cause" is typically developed by observing the driver on the road and after stopping the driver, as well as, on the basis of what are known as "Field Sobriety Tests".  In contrast, "common law" DWI is all about the conduct of the person charged with the offense.  It is based upon observations of a police officer and/or other witnesses who claim that the behavior and demeanor of the driver, along with the "Field Sobriety Tests" prove the driver was intoxicated.

A conviction on either a "per se" or "common law"  DWI can result in a punishment of up to 12 months in jail, a fine of up to $1000 and the suspension of your drivers license for 6 months.  A second DWI conviction within 10 years can dramatically increase the penalties.  In some cases subsequent convictions can elevate the offense to a felony charge (the most serious type of crime) and involve very substantial prison time and fines.

Misdemeanor DWI is the most common form of intoxication offense charged in New York State.

DWI-Driving While Intoxicated (Felony)

Other DWI Related Crimes