DWI

Over the last 20 years the penalties for driving while intoxicated have increased significantly. In the past, DWI’s cases were considered relatively simple to handle for the average criminal attorney. Today, defending those charged with driving while intoxicated, and driving while ability impaired due to drugs have become much more complex requiring alcohol evaluations, alcohol testing, and the installation of ignition interlock devices. If you have been charged with Driving While Intoxicated in New York, it is best to retain a lawyer who concentrates on Criminal DWI cases, and who has substantial experience in handling DWI cases in the county that the case is pending. The site is divided by counties. Please click on the County where the DWI case is pending to find criminal lawyers in that area.

Driving While Intoxicated (DWI) involves operating a motor vehicle with a blood alcohol level of .08 or higher. The code for this violation is VTL 1192.2. A motorist can also be charged with driving while intoxicated even when the arresting officer fails to obtain a blood alcohol level, such as when a motorist refuses to submit to a chemical test, such as a breath test or blood test. In this situation, the police may still charge the motorist with driving while intoxicated under section 1192.3 of the VTL, based on other factors that establish intoxication such as slurred speech, blood shot eyes, and the smelled of an alcoholic beverage on the breath.

In New York, the charge of DWI may be a misdemeanor or a felony. First time DWI offenders will usually be charged as a misdemeanor. Those charged with driving while intoxicated with a child under the age of 16 in the vehicle will be charged with a felony pursuant to Leandra’s law. Also, those with a previous conviction for driving while intoxicated within the last 10 years will be charged with Felony Driving While Intoxicated.

A motorist charged with driving while intoxicated with a blood alcohol level of .18 or higher may be charged with the more serious DWI offense of Aggravated Driving While Intoxicated, VTL 1192.2A. A conviction for Aggravated Driving While Intoxicated carries more serious consequences than the basic Driving While Intoxicated charge with a lower alcohol level.

A motorist may also be charged with Driving While Ability Impaired Due To Drugs, VTL 1192.4 as well as Driving While Ability Impaired Due To A Combination Of Drugs And Alcohol (VTL 1194.A)

Motorist charged with operating a vehicle with a blood alcohol level of greater than .05 %, but less than .08 will be charged with Driving While Ability Impaired by the Consumption of Alcohol, VTL 1192.1. This charge is a violation, not a criminal charge, except in cases where there is a prior conviction for driving while impaired or driving while intoxicated within 5 years of the new charge. In those cases the motorist may be charged with a misdemeanor charge.

In New York, those who have been charged with misdemeanor Driving while intoxicated and have taken a breath test, will still receive a 30 day driver’s license suspension simply for being charged with driving while intoxicated. The 30 day suspension runs from the date of the arrest. Those who had a valid New York State driver's license at the time of the arrest may be able to obtain a hardship license from the court. A hardship license can permit the motorist to go to and from their place of employment, to and from school, and/or to and from medical appointments. The hardship license only permits you to drive during specified times of the day during the 30 day suspension period. Obtaining a hardship license requires conducting a hearing before the judge handling the case to determine whether a hardship license is warranted. Prior to the end of the 30 day suspension period the New York State DMV will send a letter advising that you may go to DMV and apply for a new license.

If you have been charged with Driving While Intoxicated and it is alleged that you refused to take a breath test, (this is known as a refusal) the court will suspend your license at arraignment, pending a refusal hearing. The refusal hearing is conducted at the DMV, not the court where the DWI case is pending. If you lose the refusal hearing or fail to show for the hearing, your license will be revoked for a minimum 6 months, or 1 year for those under the age of 21 and DMV will impose a civil penalty of at least $500.00.

A conviction for an alcohol related driving offense carries additional penalties and consequences that are discussed further throughout the site. In addition, under Leandra’s law, those convicted of driving while intoxicated are required to install an ignition interlock device in any vehicle owned or operated by the motorist for a  minimum of 6 months. An ignition interlock device requires the driver to blow into the device to confirm that he or she has not consumed alcohol.

IF YOU HAVE BEEN CHARGED WITH DRIVING WHILE INTOXICATED
YOU SHOULD CONSULT WITH A CRIMINAL ATTORNEY IMMEDIATELY