DWI

What is Driving While Intoxicated? 

DWI (Driving While Intoxicated) is a serious crime in New York that can have severe legal consequences. It is a criminal offense to operate a motor vehicle with a blood alcohol content (BAC) of .08 or higher. DWI puts the driver at risk and endangers the lives of other motorists and pedestrians. At Viscosi Law, we understand the seriousness of DWI charges and the impact they can have on your life. Our experienced attorneys are dedicated to aggressively representing those charged with DWI in New York.

The statistics surrounding DWI in New York are alarming. Every day, an average of three people die in alcohol-related accidents in the state. In 2019, there were over 28,000 alcohol-related crashes in New York, resulting in over 300 fatalities and nearly 4,500 injuries. The economic impact of these accidents is estimated to be over $4 billion. These numbers are a stark reminder of the importance of responsible driving and the serious consequences that can result from drunk driving.

If you have been charged with DWI in New York, seeking legal representation as soon as possible is essential. DWI charges can have serious consequences, including fines, license suspension, and jail time.

 At Viscosi Law, our attorneys have extensive experience representing clients charged with DWI and will fight to protect your rights and achieve the best possible outcome for your case. We understand the complexities of DWI law and will work tirelessly to ensure that your case is handled with the utmost care and attention.

DWI Quick Facts 

• In 2019, there were 8,804 alcohol-related crashes in New York, resulting in 4,098 injuries and 297 fatalities.
• In 2019, there were also 3,216 drug-related crashes in New York, resulting in 1,186 injuries and 166 fatalities.
• The legal limit for blood alcohol content (BAC) in New York is 0.08% for drivers over 21, and 0.02% for drivers under 21.
• In New York, first-time DWI offenders face a fine of $500 to $1,000, up to one year in jail, and a license revocation of at least six months.
• In New York, second-time DWI offenders face a fine of $1,000 to $5,000, up to four years in jail, and a license revocation of at least one year.
• In New York, third-time DWI offenders face a fine of $2,000 to $10,000, up to seven years in jail, and a license revocation of at least one year.
• In New York, drivers who refuse to take a breathalyzer test can have their license suspended for at least one year, even if they are not convicted of a DWI.
• In 2019, there were 91,849 DWI arrests in New York.

Charges for DWI

Driving While Intoxicated (DWI) is a severe offense that can result in significant legal and personal consequences. Possible charges for DWI in New York include:

Driving While Intoxicated (DWI)

Driving While Intoxicated (DWI) is a criminal charge in New York State that is brought against drivers who operate a vehicle with a blood alcohol concentration (BAC) of .08% or higher. It can also be brought against drivers under the influence of drugs, such as marijuana or prescription medication, impairing their ability to safely operate a vehicle. DWI is a serious offense and can result in severe legal consequences, including fines, license suspension or revocation, and even jail time, depending on the circumstances of the case. 

Aggravated DWI

Aggravated DWI is a more severe charge than a regular DWI charge in New York. In New York, individuals can be charged with Aggravated DWI if their blood alcohol content (BAC) is .18 or higher. This is more than twice the legal limit of .08. Additionally, if a driver has a previous DWI conviction within the last ten years, they can also be charged with Aggravated DWI. The penalties for an Aggravated DWI are more severe than a regular DWI, including higher fines, longer license suspensions, and potential jail time.

DWAI

DWAI stands for “Driving While Ability Impaired,” and it is a criminal charge in New York for operating a vehicle while impaired by alcohol or drugs to the degree that makes the driver incapable of driving safely. It is a lesser charge than DWI and is typically brought when the driver’s blood alcohol content (BAC) is between 0.05% and 0.07%, if drugs impair the driver or a combination of drugs and alcohol. A DWAI conviction carries less severe penalties than a DWI conviction, but it is still a serious offense and can result in fines, license suspension, and potential jail time.

Aggravated DWAI

Aggravated Driving While Ability Impaired (Aggravated DWAI) is a more severe charge than DWAI in New York. It is a misdemeanor offense with more severe penalties than a typical DWAI charge. A person may be charged with Aggravated DWAI if they are found to be operating a motor vehicle while impaired by a combination of drugs or alcohol or if they have a blood alcohol content of 0.18% or higher. Other factors, such as prior DWI or DWAI convictions, can also result in an Aggravated DWAI charge. The penalties for an Aggravated DWAI charge include fines, license revocation, and possible jail time.

DWAI-Drug

DWAI-Drug is a charge for “Driving While Ability Impaired by Drugs”. In New York, it is illegal to operate a motor vehicle while under the influence of any drug, whether it is illegal or prescribed. The drugs can include marijuana, prescription pills, and other illegal drugs. The charge is similar to a DWI charge, but instead of alcohol, it is based on drugs impairing the driver’s ability to operate the vehicle safely. A driver can be charged with DWAI-Drug even if they have a valid prescription for the drug they consumed before driving. DWAI-Drug penalties can be severe and may include fines, license suspension, and even jail time.

DWAI-Combination

DWAI-Combination is a charge that can be brought against an individual driving while a combination of drugs and alcohol impairs their ability to operate a vehicle. This means that the driver has consumed both drugs and alcohol to the extent that it impairs their ability to operate a vehicle safely. The penalties for a DWAI-Combination charge are similar to those for a DWAI or DWI charge, including fines, license suspension, and even jail time. It is important to note that the legal limit for alcohol consumption is lower for those who have also consumed drugs, as the combination of the two can greatly impair one’s ability to drive safely.

Underage DWI

Underage DWI, or driving while intoxicated, refers to driving under the influence of alcohol by individuals under the legal drinking age of 21. In New York, it is illegal for drivers under 21 to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.02% or higher, which is lower than the legal limit of 0.08% for drivers over 21. Underage DWI is considered a serious offense and can result in severe consequences for the driver, including fines, license suspension, community service, and criminal charges.

Zero Tolerance Law

The Zero Tolerance Law is a New York State law that applies to drivers under 21. Under this law, any driver under 21 years of age who is found to have a blood alcohol content (BAC) of .02% or higher while operating a motor vehicle will be charged with an offense. The Zero Tolerance Law is designed to discourage underage drinking and driving and protect young drivers from driving under the influence. The penalties for violating the Zero Tolerance Law include fines, license suspension, and mandatory participation in an alcohol and drug education program.

Possible Penalties for DWI

In New York, the penalties for DWI depend on the specific circumstances of the offense, such as the driver’s blood alcohol content (BAC), whether it’s a first or subsequent offense, and if there were any injuries or property damage. Some possible penalties for DWI include:

• First-time offenders with a BAC between 0.08% and 0.17%: Up to 1 year in jail, fines up to $1,000, and a license suspension for at least six months.
• First-time Offenders with a BAC of 0.18% or Higher: Up to 1 year in jail, fines up to $2,500, and a license suspension for at least one year.
• Second-Time Offenders Within 10 Wears with a BAC between 0.08% and 0.17%: Up to 4 years in jail, fines up to $5,000, and a license revocation for at least one year.
• Second-Time Offenders Within 10 Years with a BAC of 0.18% or higher: Up to 4 years in jail, fines up to $10,000, and a license revocation for at least 18 months.
• Third-Time Offenders Within 10 Years: Up to 7 years in jail, fines up to $10,000, and a license revocation for at least 18 months.
• DWI with Property Damage: Up to 1 year in jail, fines up to $1,000, and a license suspension for at least one year.
• DWI with Serious Injury: Up to 7 years in jail, fines up to $10,000, and license revocation for at least one year.
• DWI with Death: Up to 25 years in jail, fines up to $10,000, and license revocation for at least one year.

These are just some possible penalties for DWI in New York, and the specific penalties for each case will depend on the unique circumstances of the offense.

Possible Defenses for DWI

Several potential defenses may be available to you. Here is a detailed list of some of the most common defenses used in DWI cases:

1. Improper Stop: The police officer may not have had a valid reason to pull you over, which could make any evidence obtained after the stop inadmissible in court.
2. Inaccurate Breathalyzer Test: Breathalyzer tests can be inaccurate, and a skilled attorney may be able to challenge the results of the test in court.
3. Field Sobriety Test Errors: Field sobriety tests are not always reliable, and an attorney may be able to challenge the validity of the test in court.
4. Violation of Miranda Rights: If the police failed to inform you of your Miranda rights, any evidence obtained after that point may be inadmissible in court.
5. Rising Blood Alcohol Level: Your blood alcohol level may have been rising at the time of the traffic stop, which means that you may have been below the legal limit when you were actually driving.
6. Medical Condition: Certain medical conditions can cause a false positive on a breathalyzer test, and an attorney may be able to use this defense in court.
7. Inaccurate Blood Test: Blood tests are not always accurate, and an attorney may be able to challenge the results of the test in court.

Defenses available in your case will depend on the specific facts of your case. It is vital to consult with an experienced criminal defense attorney who can help you understand your legal options and develop a defense strategy tailored to your situation.

How Viscosi Law can Help you With a DWI Charge

The consequences can be severe if you face driving While Intoxicated (DWI) charges in New York. You need an experienced and knowledgeable criminal defense attorney to help you navigate the legal process and fight for your rights. At Viscosi Law, we have the experience and resources necessary to help you achieve the best possible outcome in your case. Here’s how Viscosi Law can help you with your DWI charge:

Personalized approach

We understand that every case is unique, so we take a personalized approach to each case. We’ll work with you to understand the specific facts of your case and develop a defense strategy that is tailored to your situation.

Experienced Attorneys

Our attorneys have extensive experience defending clients facing DWI charges in Florida. We know the legal process inside and out and how to build a strong defense strategy designed to achieve the best possible outcome in your case.

Aggressive Defense

We’re not afraid to take an aggressive approach to defend our clients. We’ll fight tirelessly to protect your rights and achieve the best possible outcome in your case.

Accessible and Responsive

We understand that facing criminal charges can be stressful and overwhelming. That’s why we make it a priority to be accessible and responsive to our client’s needs. We’ll keep you updated on the status of your case and be available to answer any questions you may have.

Comprehensive Legal Services

We offer a full range of legal services, including representation in court, negotiation with prosecutors, and assistance with license suspension and other related issues.

At Viscosi Law, we are committed to providing our clients with the highest legal representation. If you’re facing DWI charges in New York, don’t wait to get the legal help you need. Contact us today to schedule a consultation with one of our experienced criminal defense attorneys. We’ll help you understand your legal options and fight for your rights.