DWI laws change from state to state, making some study important. Even if you get a lawyer – and you definitely need a DWI lawyer if you’re being charged – you should be aware of basic laws. Why? If you don’t know what is happening in the court room, you won’t be able to make key decisions. This guide helps you make those decisions by going over 6 DWI laws you should understand.

New York DWI – The First Offense
Expect fines from $500 to $1,000. You might be charged with up to 1 year jail time. Finally, your drivers license will be revoked for at least six months. Why so hard for a first offense? One of the leading causes of death in New York is drinking and driving. But it does not mean you have no rights; you do.

The Second Offense
If you get a second New York DWI within 10 years of the first, you can expect major fines, a longer jail sentence, and a longer license suspension. Fines can be as high as $5,000. You may face up to 4 years jail time. And your license is often suspended for years. If you believe you were pulled over in error, that your rights have been broken, or that you were not under the influence, you need to speak with a lawyer.

The Third Offense
Now we are getting even worse. Expect penalties to be doubled in comparison to your second offense. If you get a third DWI within 10 years of the second, that’s a felony charge (technically a class d felony), and felonies are the worst driving penalties you can get. If you want to avoid long time jail, fines up to $10,000, and a lengthy license suspension, get legal help.

Aggravated DWI
While less common, we all know how sometimes you just can’t stop drinking. That applies most when you consider than an aggravated DWI means your BAC (blood alcohol concentration) is .18 or higher. That’s not only dangerous to you, as much higher and you risk life, but it also puts others in grave danger. The more you drink, the more likely you are to be in an accident (some studies have pointed out you can be 10 to 40 times more likely to be in an accident if drink enough).

DWAI/Drug
If you are arrested for being “driving while ability impaired” by drugs, the penalties are close to what you get for a DWI. If no alcohol is in your system, but drugs are, you can still be charged.

Your Right to Representation
Scared? There is one other important law to consider – that you have a right to representation. Simply put, not all DWI cases are the same. You may have been charged with a  higher BAC level than you had, or you may have been profiled by the arrest officer, or the officer lied about something, or a variety of other points. If you are charged with abusing substances and driving, your first move is to immediately hire an experienced DWI lawyer. Do not hire someone who does a “little of everything;” get a specialist in DWI law. And don’t wait until days before your trial to hire a lawyer; hire one as soon as possible.

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In all states, drinking and driving offenses can lead to some major legal problems. State laws do however differ, and so do some terms. For our purposes, DUI and OWI and DWI, driving under the influence, operating while intoxicated, and driving while intoxicated, mean the same thing: you are driving a vehicle down the road and have high amounts of alcohol or drugs in your system. How these laws are enforced can be quite different from state to state and judge to judge.

But why are you pulled over in the first place? Who can help? Answers to these questions and many more are given in this short guide.

Why are you pulled over?
Typically, an officer pulls you over on either a suspicion you’re drinking because of your driving or because you simply broke a driving law. It can then lead to a DWI case, where you potentially face jail time, fines, license suspension, probation, and mandatory classes.

If you break normal driving laws such as speeding, it does not always mean you will be tested for alcohol. The officer may not suspect this, and you may obviously not be drinking. But if you break a law, perhaps at night, and your driving is odd, the officer may suspect you’re intoxicated. If you swerve in and out of lanes, speed, run a stop sign, or any other way your driving is hurt by intoxication, you will likely be pulled over on sight.

In some cases, the reason for you’re being pulled over is illegal. The officer must have clear suspicion you’re drinking, but may pull you over for no reason other than because you are a minority or you have a certain type of car. This can be hard to prove, but it does occur.

What if you refuse a breathalyzer or other sobriety test?
If you’re pulled over and refuse a breathalyzer test, your license will immediately be suspended. Many state laws punish you less if you take the breathalyzer and fail rather than refusing and being charged. Also, other sobriety tests, such as walking a straight line, can legally be refused with no punishment, though it depends on the state.

If you refuse a breathalyzer, in most cases you face charges.  It’s then time to contact an attorney.

What if you are on medication?
Drinking and driving is not the only DWI offense; you may be using illegal drugs, or using legal ones which you shouldn’t be taking while driving. If you take even a legal drug which impairs your driving, you can by law be charged with a DWI.

What charges do you face?
Typically, punishments are the first thing on your mind once you’re pulled over and know you’re intoxicated. Unfortunately, penalties are very high, though lesser for first time offenders. For a first offense, you can expect your license to be suspended for six months to a year, to pay some fines, to stay in jail for a few days, face probation, and be required to take some classes on driving. The more charges you get, the more penalties you receive. If you are a repeat offender, you may even face prison time because of felony charges.

Who can help you?
You have rights in any DWI case, and one key right is told to you upon arrest. You have the right to an attorney. You cannot do this alone. Attorneys are not free, but no matter the offense, no matter if you’re innocent or guilty, you need to pay the fee. However, not all DWI attorneys have the time, experience, and knowledge to defend you. Be thorough in comparing rates, experience, and time to help.

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What kind of penalties can you expect for failing a breathalyzer? What if you refuse to take the breathalyzer? Clearly, getting a driving under the influence charge can be problematic to say the least. You should always consult with and hire a local and experienced DUI lawyer to help in your case. You have no other good options, as representing yourself is a big mistake. This blog guide can help, but if you’re currently dealing with a DUI charge, you need a lawyer.

What can you get pulled over for?
You likely are pulled over for driving oddly, or you get into an accident, or make a mistake such as speeding or running a stop sign. Once the officer pulls you over, he or she will as some questions, such as if you’ve been drinking or using drugs. If the officer feels it’s clear you are under the influence, he or she may not even give you a breathalyzer, instead arresting you (which can occur if you are clearly drunk). In cases of an accident, if you hurt someone you may face felony charges.

What charges can you expect if you fail a breathalyzer?
If you fail a breathalyzer test, you will be arrested. What’s the same for all states is the blood alcohol limit, which is .08%. What’s different is how you will be charged. One state may suspend your license for longer than a year for a first time offense, while another may suspend it for less. Jail time can be different. Fines can vary. Probation is also different. This is where a local professional DUI lawyer can help. You may not know the charges you face. If this is your first time offense, most states are relatively lenient, as the charges will be much less. Also, states all have laws for further penalties if you’ve received multiple DUI charges.

What if you refuse a breathalyzer?
This too can vary from state to state, as the laws are different. Some states will automatically suspend your license for six months if you refuse a breathalyzer, while lessening the penalty if you take it and fail. So, in some states it’s actually smarter to take the breathalyzer, especially if this is your first offense.

What other tests can you expect?
You are often asked for field sobriety tests: walking backwards, standing on one leg, saying the alphabet backwards, and so on. If you fail these, it can give the officer reason to test with the breathalyzer. In some cases, however, you can refuse to take the field tests at no further charges to you.

Who can help?
You definitely need an experienced DUI lawyer, even if this is your first offense. Quite often you can strike a plea bargain deal for lesser charges.  Unfortunately, most DUI charges stick, and you’ll get some penalties. But “most” does not mean all; your right is to have a fair trial to plead your case, and you may just prove your innocence.

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