Driving under the influence (DUI) in New York is actually termed a DWI (driving while intoxicated), a variation which occurs in separate states. But the basic principle of a DWI, has all the same core laws that others states use. For instance, you can get your license suspended, for multiple charges you can go to prison, and different laws for those under age as well as who hurt or killed someone while driving.

What is DWI in New York?
DWI in New York is considered a crime. You can lose your license, face fines, and quite possibly go to jail. It depends on a variety of conditions, most which will be familiar to you. But, the basic 0.08 rule of being intoxicated is the same across all 50 states, including New York.

The level of abuse is considered by New York law under 5 basic conditions.
-The amount of alcohol you drink
-The amount of food you eat
-The length of time you drink
-Your body weight
-Your gender

Some of those may seem obvious. If you drink 10 beers and drive in New York, you’ll get a DWI or worse. However, what does the amount of food have to do with drinking? This is because of how alcohol is absorbed by your body, and how food can sometimes weaken the effects. If you drank those 10 beers and ate nothing, you would likely be more intoxicated, at least that’s how the laws are.

Body weight and gender are similar, as the amount of intoxication you get from drinking 10 beers does include how big you are; a 300 pound man may be less intoxicated than a 110 pound woman.

There are variations to how intoxicated you can get and how old you are. For example, if you had a .18 or higher alcohol level, that would be considered aggravated DWI and would have stiffer penalties.

The Penalties for New York DWI
There are many penalties for a DWI in New York, and they can get complex. It’s smart to first hire a professional DWI attorney in New York who can plead your case in front of a judge or jury. The more DWI charges you get, as with other states, the bigger the punishments are. Of note is the A-DWI, aggravated driving while intoxicated, which has stiffer penalties. Let’s go over those first.

A-DWI: $1,000-2,500 fine, possible 1 year prison sentence, license revoked for one year
Second A-DWI in 10 years: $1,000-$5,000 fine, possible 4 years in prison, license revoked for at least 18 months
Third A-DWI in 20 Years: $2,000-$10,000, 7 years, License revoked for at least 18 months

Now let’s go over the basic DWI and DWI-Drug violation penalties, which can be less stiff.

DWI: $500-$1,000, 1 year in prison, License revoked for at least 6 months
DWI-Drug: Same as DWI
Second DWI: DWAI Drug: $1,000-$5,000, 4 years prison, License revoked at least 1 year
Third DWI – DWAI Drug: $2,000-$10,000, 7 years prison, license revoked at least 1 year

How do you stop these penalties from occurring? The best move is to drink responsibly, but if you make a mistake, hiring professional DWI attorneys in New York can help. A DWI attorney can help you fight or plea bargain, explain your rights, educate you on the penalties, and help you move on with your life.

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Sunny summer days are finally here.  Throughout the Buffalo/Niagara Falls area residents and visitors are enjoying being outdoors with barbeques and picnics.  But all this fun could come to a quick end for those who are caught driving while intoxicated.

Penalties for drunk driving offenses in New York continue to increase in severity each and every year.  There is a good reason for this – statistics show that one third of traffic fatalities in the state of New York involve impaired or intoxicated drivers or pedestrians.

If you have been arrested for a drunk driving offense in the Buffalo/Niagara Falls area, your best response is to seek the assistance of an experienced DWI attorney as quickly as possible.

The legal proceedings involved in a DWI case are complicated and time-consuming.  You will be required to appear in court for multiple meetings and file substantial amounts of paperwork related to your DWI.  You need a DWI attorney with experience in fighting for the rights of their client in cases just like yours. Your attorney should specialize in DWI cases to ensure that they are able to fully represent your interests.

There are two levels of DWI in the state of New York.  The standard DWI is used in cases where the driver has a blood alcohol content (BAC) over .08, while the aggravated DWI is reserved for drivers who have a BAC of more than .18.

Penalties for those who are convicted of DWI in New York range from fines to jail time.  You may also be required to perform community service and may have to surrender your driver’s license.

Additionally, you may be required to install an ignition interlock device (IID) on your vehicle.  The IID prevents the vehicle from being driven until the driver can provide an alcohol-free breath sample.

A DWI conviction can have far-reaching consequences in your life and in the lives of your family members.  In order to ensure the best possible outcome of your DWI case, you should retain the services of a qualified DWI lawyer.

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