Being accused of driving under the influence can be a scary time in your life. The best way to combat this fear is to speak with a New York first-time DWI/DUI lawyer who can help explain the legal process to you. Once you understand what may happen next and what may be expected of you, it will make the situation less worrying.
You should also know that you are not alone, and a skilled DWI DUI attorney can advocate for you.
How Does New York Define DWI / DUI?
Instead of the more common term of DWI DUI, New York uses the acronyms DWI and DWAI to differentiate driving while intoxicated or driving under the influence of alcohol.
The phrase Driving While Intoxicated (DWI) is for drivers influenced by any intoxication. A person accused of a DWI must have a blood alcohol content (BAC) of .08 or display other signs of intoxication.
For drivers who have consumed alcohol, the phrase is Driving While Ability Impaired by Alcohol (DWAI). For a DWAI, the BAC of the driver is above .05 but less than 0.7. There is another law for drivers with a BAC of .18 or higher referred to as Aggravated Driving While Intoxicated (ADWI).
Lastly, for drivers under the age of 21 with a BAC of .02 to .07, the state has a zero-tolerance law. Someone facing a DUI offense must speak with a New York first-time DUI lawyer to understand which type of charge they may face accurately.
Consequences for a DWI and DWAI
The penalties in New York vary greatly depending on whether it is a first, second, or third offense. If this is the first incident, an individual will face a much more reduced outcome. One should also know the difference between a revoked and suspended license.
A revoked license is complete removal of a license, requiring an individual to reapply for a new one. With a suspended license, a person can begin driving again once the period has passed.