DUI vs DWI in New York
- DUI vs DWI in New York
- What Happens To First Time DWI in NY?
- Learn the facts involved with an aggravated DWI NY
- What Can Happen to My License if I suffer aggravated DWI New York state charges?
- Get DUI Help in New York
- Hire a New York DUI Attorney Today
- New York DWI FAQ
- New York State DWI (Alcohol) Laws
- New York DWI Penalties
While the terms DUI and DWI may appear interchangeable in the media and in everyday life, certain states maintain that there are significant differences between the two.
In New York, DWI “driving while intoxicated,” is commonly used in cases involving individuals who drive while impaired by alcohol. A DWI driver’s blood alcohol content (BAC) must be at least 0.08% — the legal limit for driving while intoxicated in New York.
New York DWAI “driving while ability impaired,” is a term used when a driver’s blood alcohol concentration (BAC) is less than the legal limit of 0.08% but the driver is still found to be impaired by drugs and/or alcohol “to any extent.” Unless a combination of drugs and alcohol was used, resulting in severe impairment, DWAIs are typically less serious charges than DWIs. They may also become more serious offenses than DWIs if an individual was killed or injured in an accident, or significant damages were caused by the driver’s impairment.
In New York, DUI “driving under the influence.” is broad enough to include any situation in which the driver is impaired by anything other than alcohol, including marijuana, heroine, and even some prescription drugs like oxycodone and hydrocodone. DUIs can be classified as either DWIs or DWAIs. In this way, New York views DUI as an umbrella term that encompasses various types of driving while intoxicated.
What Happens To First Time DWI in NY?
The usual question I get is “For first time offenders like me for DUI, what will usually happen?” Once you get the chance to talk to any attorney, you will find out that there are so many different things that need to be taken into consideration once you are charged with DUI. You cannot be given any clear answer as to what will happen to first time offenders like you. Here is a general framework on what most DUI offenders who are found guilty in the state of New York receive.
Once you are found guilty for drunk driving in New York State, you will be prosecuted under one or both theories: common law drunk driving Section 1192-3 and driving while one has more than .08 percent of one gram of alcohol per little in your system.
The first one is also known as the old fashioned drunk driving method where one is weaving in traffic and have obvious problems while driving. This is of course based only on the impression of the attending officer.
The second theory is a little bit more scientific. DUI can be charged to a person who has .08 percent or higher of alcohol content in the bloodstream. This can be proven through taking breath and blood tests that is then mandatory for anyone who is thought to be DUI.
Some penalties that apply to first Offenders In New York State:
- A criminal record is one of the instant results of DUI.
- Your license can be revoked for a minimum of six months once you are convicted with misdemeanor DWI.
- A mandatory fine amounting between $500 to $1000 can be charged against you.
- Surcharges are added to misdemeanors ($160).
- You can receive a maximum penalty of one year in your local county jail.
- Those who are operating commercial vehicles will be charged with graver penalties.
You can still drive if your alcohol level is just at .04 percent but the moment it reaches .05 percent your license will immediately be revoked. Once you hit .08 percent and you are still driving, a DWI conviction will be charged against you and a blood alcohol test will be mandatory for you to take.
Learn the facts involved with an aggravated DWI NY
Blood alcohol concentration is defined as the percentage of alcohol by weight contained in a person’s blood (measured either directly from a blood sample or indirectly from a breath sample). Blood and breath tests are different, and conflicting results can occur. Under some circumstances, one type of analysis will establish your innocence, while the other kind of test will result in an accusation of intoxication.
Most motorists don’t realize, however, that New York State does NOT allow them to choose which test to take. The police pick the test that will be used against the accused. Either the motorist submits to the test that the police have chosen, or suffers the consequences of a “refusal” to submit to a chemical test.
To convict someone of DWI or DWAI in New York State, the prosecutor must prove that the motorist was intoxicated or impaired at the time when that person was operating the vehicle. However, in every DWI case, a motorist’s BAC is determined at the time the blood or breath test is administered, which can be anywhere from 30 minutes to several hours after the operation. This is significant because the human body must first absorb any alcohol in the stomach before any effects can be felt or manifested, and absorption of alcohol can take as long as one to several hours after the point of consumption. Consequently, a BAC test reading can reflect a substantially higher or lower result than the motorist’s actual BAC at the time of operation.
For example, suppose you drank two 12-ounce bottles of beer within 30 minutes and then were stopped in your car by police only a few minutes after finishing your last sip. Under those circumstances, your actual BAC at the time of driving would generally not yet reflect the two drinks (i.e., because you would probably not yet have absorbed the alcohol you consumed). However, a BAC test wouldn’t occur until after the police officer had performed his investigation, arrested you, transported you to the police station, and forced you to sit around for some time – all of which could take anywhere from about an hour to several hours to complete. As a result, you would be charged with DWI based on a BAC level that would, in all likelihood, be much higher at the time of testing than when you had been driving.
Get DUI Help in New York
You can do two simple things that moment you are charged with a DUI in New York City or also known as driving under the influence:
One is to simply take your DUI charges very seriously.
You will be faced with grave consequences the moment you are convicted for DUI in New York City. It can even reach a point where your employment can also be put at risk, together with your personal freedom, and future in general as well.
Second, you can seek the help and services of a New York DUI Lawyer or DUI attorney who has great background on the rules that apply to New York DUI law.
Hire a New York DUI Attorney Today
It may be a little bit too challenging on your part to try and understand New York DUI laws and courtroom proceedings. That is why it would be essential for you to hire the services of a qualified New York DUI attorney or lawyer who’s practice is mainly focused on drunk driving defense. Doing this can make a great difference to the outcome of your DUI charge.
New York DUI lawyers offers initial interview that can help weigh and understand your case. You will not be charged with anything primarily and all the information that you will share will be kept confidential as well.
You can use the list you can find about to start fighting against your DUI charges. Do so now because the more you wait, the more risks will be involved on your part.
New York DWI FAQ
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New York State DWI (Alcohol) Laws
New York DWI laws (also known elsewhere as “DUI” laws), can be prosecuted under two different legal theories. Under the first one, a person can be prosecuted for violating the…
New York DWI Penalties
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