In every state in the United States, driving under the influence (DUI) is illegal, and most people are aware of the term “DUI.” However, New York does not use this term and instead defines this offense with the term “driving while impaired (DWI).” When it comes to the terms DUI vs DWI in New York, while they generally mean the same thing, New York law specifically uses the term “DWI” in the state’s criminal code.
DWI Laws in New York
In New York and every other state, the blood-alcohol concentration (BAC) measurement system is used to determine whether a driver is impaired by alcohol. The legal BAC limit for a DWI offense in New York is .08%. New York police use chemical testing to determine whether a driver is under the influence of drugs or alcohol after they have arrested a driver for suspected DWI.
While New York does not use the term “DUI,” and “DWI” generally defines the same offense, the state also upholds specific laws defining other forms of this offense, such as:
- -Driving while ability impaired (DWAI). This offense is defined as driving with a BAC of more than .05% but less than .08%. Most people arrested for this offense display signs of impairment, such as driving erratically, committing moving violations, or displaying diminished awareness and judgment. It is possible to be charged with DWAI even if your BAC was under the usual .08% threshold for a DWI charge.
- -DWAI/drug. This offense pertains to driving under the influence of a drug that has impaired the driver’s ability to operate their vehicle safely. A chemical test is used to determine which substance is present in the driver’s system. It is possible for an individual charged with DWAI/drug to also face a drug possession charge if they are arrested with illegal drugs on their person or inside of their vehicle.
- -DWAI/combination. A driver commits this offense when they operate a vehicle under the influence of both drugs and alcohol. Similar to a DWAI/Drug case, the driver is likely to face a drug possession charge in addition to a DWAI/Combination charge. Penalties for a second DWAI/combination offense within five years of the first will lead to significantly harsher penalties.
New York law also imposes a separate charge whenever a driver refuses to submit to chemical testing for DWI. All New York drivers provide implied consent to chemical testing for DWI if they are lawfully stopped by a police officer who has established a reasonable suspicion that they are under the influence. There is also a zero-tolerance law in effect for drivers under 21, meaning any detectable BAC will result in a DWI charge.
The penalties for DWI in New York usually include a fine, jail time, and a driver’s license suspension. These penalties will increase when a driver has a record of past DWI convictions and/or has committed a serious DWI offense, such as aggravated DWI. If you or a loved one has been arrested for any DWI in New York, it is crucial to find an experienced criminal defense lawyer who can represent you.
FAQs
What Is the Most Serious DWI Offense in New York?
In New York, the most serious DWI offense is aggravated DWI, which is typically defined as driving with a BAC of .18% or higher. It is also possible for an individual to be charged with felony DWI if they cause a serious accident resulting in injury or death while under the influence. Additionally, a record of multiple past DWI convictions could mean automatic felony charges for subsequent DWI offenses.
When Is DWI a Felony in New York?
DWI can be a felony in New York based on the defendant’s record of past DWI violations, whether they caused an accident while intoxicated, and whether they were driving while intoxicated with a child in their vehicle. Penalties for felony DWI in New York are quite serious, often including a heavy fine, prison time, and a loss of driving privileges for several years. The defendant may also be required to complete substance abuse treatment and driver safety courses.
Can You Go to Jail for DWI in New York?
Yes, it is possible to go to jail for DWI in New York. While it is sometimes possible for a defendant facing their first offense to avoid jail time, it is unlikely for anyone facing a second or third DWI conviction. Jail time increases with subsequent convictions or after an aggravated DWI. Having an experienced defense attorney representing you is one of the most effective ways to minimize your chance of facing incarceration if you are convicted.
Why Should I Hire a DWI Defense Lawyer?
You should hire a DWI defense lawyer because you have the constitutional right to legal representation when you are charged with a crime, and it is vital to take full advantage of this right if you want to have the greatest chance of avoiding the harshest penalties that could be assigned to you if you are convicted. A good attorney on your side increases your chances of avoiding conviction if possible or at least mitigating your penalties if necessary.
When Should I Call a DWI Defense Lawyer in New York?
You should call a DWI defense lawyer in New York as soon as you are able to make your phone calls after an arrest for DWI. Remain silent during arrest and booking and comply with all instructions from the arresting officers until you are allowed to make your phone calls. You should notify your family of your situation and then reach out to an experienced defense attorney who can respond quickly to your case.
The Law Offices of Robert Tsigler, PLLC, has successfully defended many DWI clients in New York City, and we can put this experience to work in your case. The first steps you take after an arrest for DWI are crucial, and it is vital that you connect with an attorney right away to have the greatest chance of reaching a positive conclusion. Contact us today and schedule a consultation with our team to learn how we can defend you.
