7 New York DWI Laws to Know
New York uses the term Driving While Intoxicated (DWI) for its drinking and driving laws. The problem is that DWIs are a leading cause of death. The answer is to avoid drinking and driving at all. You might get a designated driver. You might call a cab. You might simply stay where you are. You do anything but drive after drinking. If you do drink and drive, you risk being charged with a DWI. New York DWI laws can be quite complex, but this blog guide can help you with the basics.
You might expect a first New York DWI offense to be quite lenient. Actually, you can expect a fine of at least $500, to have your license suspended for six months, and to spend up to a year in jail. If you make this mistake, make it your last, and be sure to hire an experienced DWI lawyer.
The second DWI offense gets even more serious. As in most states, if you receive a second DUI before a certain amount of time has passed in New York it's 10 years you can be charged with a felony. Felony charges are the maximum charges you can get for a driving offense. You can expect larger fines, more time in jail, and a longer license suspension.
If you get a third or further offense, you can expect prolonged jail time, to lose your license for years time, and to get some big fines. If you are unfortunate enough to go this far, you are at the mercy of the courts, but you may not be guilty. You should always fight the charges, and should do so with a DWI lawyer.
This term is driving while ability impaired, and means you were driving under the influence of drugs or alcohol, if not both. The charges are similar as a DWI. If you get caught smoking drugs, for example, you can be charged with this and also be charged with possession.
DWI and Prescription Drugs
Even legal drugs can lead to DWI charges. Even if you are prescribed medicine, if it affects your ability to drive you should not take it before driving. An officer still needs a valid reason to pull you over, but if your driving is impaired, you break a law, and are pulled over, you can be charged with a DWI and get subsequent charges.
In the state of New York, the aggravated DWI charge means you were tested as having a BAC (blood alcohol content) level over .18. It's illegal to be at .08 in all 50 states, but if you are even further intoxicated, you are a greater danger on the road, and are subject to serious charges.
Your Right to a DWI Lawyer
No DWI charge is final. No DWI charge means guilt is assured. You should hire an experienced New York DWI lawyer if you are charged with this crime, you should question the charges, and you should plead not guilty in court.