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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DWI charges can mean jail time, fines, license suspension, probation, and life changing problems.

DWI law is quite complex, from the moment you are pulled over to your court case. That’s what can make an experienced lawyer invaluable, and that’s what leads to our first DWI question.

Do you need a DWI lawyer?
Yes, you always need a lawyer if you’ve been charged with a drinking and driving offense (or charged with operating a vehicle while using drugs). Simply put, it can keep you out of jail, lessen license suspension charges if not eliminate them, stop fines, and more.

Is any lawyer good?
Not all DWI lawyers are equal, unfortunately, though just because one is quite cheap in price does not mean you’ll lose, and higher priced DWI lawyers do not guarantee a win. The best method is to go somewhere in the middle, to pay for value, but to understand that spending tens of thousands in defense is just unrealistic.

How much do DWI lawyers charge?
Costs are either based on flat rate fees for defending DWI or on hourly. You can typically estimate lawyer prices beforehand and get a good idea of who you can afford. If they charge an hourly rate and give an estimate on hours, you can easily compare this with others. If a flat rate, that’s easy to compare too. But note value: if they have experience in and out of the court, in winning, that’s valuable.

What is the difference between DWI, OWI, and DUI?
Different states have different terms. On this blog, we typically use DUI, but generally DUI has the same intent as OWI and DWI: to punish those who drink or abuse drugs in excess and drive. DUI stands for driving under the influence. OWI means operating while intoxicated. And DWI means driving while intoxicated. Each term used the same blood alcohol content (BAC) limit of .08%, has similar charges in terms of jail time and fines and suspensions, and has similar defenses. The only major differences are between state laws.

What should you do if pulled over?
You will likely be asked to take a breathalyzer test if the officer believes you’ve been drinking. This is pretty much the same across all states, where if you refuse you can immediately have your license suspended. If you’re pulled over, the less you say the better. This is not to say you don’t cooperate; only you avoid incriminating yourself.

How do you make a DWI defense?
You make a DWI defense with a DWI lawyer. Yet it’s more complex than that. DWI penalties can be quite stiff, but defenses can be very effective. How you act during the arrest, what your BAC level reads in the breathalyzer and potentially with blood tests, what the officer does, and how good a lawyer you hire all make complicated but winnable.

True, if you avoid abusing drugs or alcohol and driving you have nothing to worry about. But cases where you’re arrested for a DWI and have abused nothing occur all the time. The defense in this instance is based on proof.

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Driving while intoxicated (DWI) can lead to severe penalties. A DWI is similar in scope to a DUI, with some states differentiating themselves by using different terms. For our purposes, let’s consider them very close legally: you are drinking alcohol or abusing drugs and driving.

One question we hear quite often is when you need to hire a DWI lawyer.

They’re a variety of scenarios. You have no job, and therefore no income. You are guilty of the charges. A court appointed lawyer costs nothing. You are not guilty, but want to defend yourself. If any of these sound wrong, well, it’s because they’re all entirely the wrong reasons. There is no clear reason not to hire a DWI lawyer unless you are a DWI lawyer yourself. Why?

If you have no job, you likely cannot afford to pay the excessive fines, which can  be in the thousands. If you start working again, you won’t be able to drive. If you have no income coming in, sometimes you seem to have no options. We all have access to money, even after filing bankruptcy or losing a job. It’s time to put value on how much you want to stay out of jail, want to keep your drivers license, and want to avoid thousands in fines.

If you are guilty of the charges, it’s easy to say you need no professional DWI lawyer. This is wrong in many respects. Say, for example, you were in fact drinking, but the breathalyzer used tested you as over the limit when actually you were very close to under the limit. Or say that the officer pulled you over for no legal reason – only because he suspected by the look of your car you were a criminal, or because you are a minority, or a woman, or a variety of other reasons. In still other cases, the officer acted incorrectly by never giving you a Miranda, if not abusing your legal rights. These examples can lead to dropped charges, even if you are guilty of drinking and driving, and potentially could lead to some damages. But you need a DWI lawyer.

You may think a court appointed lawyer can handle your case. Using the above example on actually believing your guilty, you decide because of this that you should forgo hiring a lawyer. A court appointed lawyer is almost as bad as defending yourself; they rarely have the time or inclination to properly defend you. A professional DWI lawyer can find holes in the prosecution’s case given time; rarely can a court appointed lawyer with dozens of other cases spend a significant amount of time helping you.

Finally, you can defend yourself. You know your innocence, or know the officer acted wrong, and maybe you know some of the process in handling a court case. Rarely does this work out. Unless you’re a DWI lawyer, you need professional legal representation. You’ll need expert witnesses, to question what happened, to know the local laws, and to know how exactly to handle the court process with the judge and prosecution. There is a reason passing the Bar is very tough; it takes years experience.

If you’re still unsure whether a DWI lawyer can help you, consider that it might actually save you time, money, and a lot of headaches. It’s worth paying the extra money in order to get a professional defense.

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Drinking or abusing drugs and driving is quite dangerous anywhere in the world, but in the United States, and specifically New York, driving while intoxicated by drugs or alcohol is punished severely. The problem is there are so many different terms to know. Let’s focus on the New York DWI terms you need to know, what penalties you can expect,  and how you can defend against DWI charges.

DWI
This is the broadest term in drinking and driving or abusing drugs and driving in New York law.  However, it bears mentioning because of the confusion with DUI and OWI. DUI is driving under the influence, DWI is driving while intoxicated, and OWI operating while intoxicated. These are the same technical terms for similar laws punishing those who drink or abuse drugs and drive. While state laws differ in terms of punishment, just understand DWI is like a DUI is but is how New York courts term abusing drugs or alcohol and driving.

Aggravated DWI
We’ve gone over “aggravated DUI” on the DUI Law blog many times, and aggravated DWI is pretty much the New York state version. Your blood alcohol content (BAC) is much higher than a standard DWI, in this case .18 or higher. You will be punished for having a BAC over .08, but if you go even higher, you may face felony charge and much stiffer penalties.

DWAI/Alcohol
This means, according to New York state law, “driving while ability impaired (by alcohol)”, and you have a lesser BAC level, usually from .05 to .07. You may show other signs of obvious impairment. Technically, an officer can arrest you if it’s obvious by your driving that you are intoxicated.

DWAI/Drug
This term is used when the problem is drug abuse, not alcohol. Even legal drugs can lead to a DWI charge if they impair your driving. If you are obviously using other drugs, you can be arrested, and if in possession of illegal drugs, face further charges.

DWAI/Combination
Driving While Ability Impaired by a combination of drugs and alcohol. For example, you might mix a legal prescription drug with some alcohol; this is not only dangerous to you, but to other drivers.

Refusing Breathalyzer or Other Tests
In New York, you are penalized for refusing chemical tests, including breath tests and blood tests. Blood tests are the most accurate in terms of drug and alcohol abuse. If you refuse the breathalyzer, your New York license will be suspended for at least one year, you will face fines, and potentially stiffer charges if you’ve received a DWI before.

Zero Tolerance
If you are under 21 years of age, all states can charge you for just having drank any alcohol, even if not on your possession. In New York, if you drive with a alcohol level of .02 to .07, you are charged. The levels are different for some states, but just about any level of drinking can lead to DWI charges.

Defending New York DWI
You first need an experienced DWI lawyer, preferably one close to you. It’s very important to hire your own lawyer instead of using a court appointed lawyer or worse defending yourself. It does cost money, but any defense is based on a knowledge of the laws in terms of court room process and defending charges. Just because you’re charged with a DWI does not mean you will always face penalties; yes, most lead to penalties, but a good defense is invaluable in lessening charges if not having them dropped.

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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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According to the New York DMV, “Driving While Intoxicated (DWI) is a crime. If you are convicted, you will face a substantial fine, a mandatory surcharge, license revocation, higher insurance premiums, and a possible jail sentence. ” So how can you avoid these stiff penalties? It might be easy to say — never drink and drive — but that’s the #1 way to do so.

Why are the New York DWI laws so strict?
Traffic accidents are nationally some of the biggest killers in the country. And one third of deaths in New York state involve someone who’s been drinking or using drugs and driving. You are a danger to others driving, to pedestrians on the road, and if you have passengers, you’re putting them in danger.

If you are over the limit — the blood alcohol content (BAC) limit is .08 for all 50 states — you are four time more likely to get into a car accident than someone who hasn’t been drinking. Also, young drivers are in some of the most danger; it makes sense, as the younger you are the less experience you have driving.

If you drink, it can alter your decision making process while driving, not seeing angles, turns, or traffic lights correctly. All it takes is one mistake and it could cost someone’s life and lead to an arrest.

So we know why New York State DWI laws are so strict. What can you do to avoid the stiff penalties?

Hire An Attorney
Your first choice may in fact be whether you should fight this case. If you believe the breathalyzer test was wrong, that you need not plead guilty to the charge, you can. There are some cases where sobriety tests are inaccurate. To do so, you need an experienced New York DWI attorney. They are not free, but a good one saves you time and money, doesn’t take it. Reading a guide like this one is good, but it does not mean you know everything there is to know.  You need someone who’s fought and won cases, if not  lessening charges. The best way to limit penalties is to hire the right attorney.

Defend
How will they defend you? An attorney may find out the officer acted incorrectly, that he or she had no right to pull you. You may have been pulled over for reasons other than your driving, such as how you look (if you’re a minority, for example). Also, the officer may have made mistakes in the arrest, incorrectly using the breathalyzer, or never reading your Miranda, or was inappropriate with you.

Always Hire a Taxi or Ask for a Ride
Finally, just avoid drinking and driving. If you’ve been through this situation once, that’s more than enough. If you never have to go through this process, you can avoid jail time, fines, and license suspensions. You can also be safer, and other drivers on the road will appreciate it.

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If you or a friend or loved one has been placed under a DUI or DWI arrest and faces DUI charges there are many questions that you may have. Hopefully the answer or answers to some common questions that are asked about DUI/DWI will be helpful to you.

What do these terms mean? DUI stands for “driving under the influence”. DWI
 means “driving while intoxicated“.

You may wonder what the difference is in these two terms. In most states these two terms are used interchangeably, meaning the same thing. In some states, however, the drunk driving laws are different for a DUI and a DWI. In these states, the charges are not the same for a DUI and a DWI. In these states, the DUI is a lesser charge. Usually, in these states, a DUI means there is a lesser degree of intoxication. This is determined by your blood alcohol level at the time of arrest. Sometimes, these states will allow the charges of a DWI to be reduced to a DUI with the help of a DUI or DWI lawyer.

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