Driving While Intoxicated

Our firm represents drivers accused of driving while intoxicated (DWI), aggravated driving while intoxicated, driving while ability impaired (DWAI), zero tolerance violations and other alcohol-related driving violations.

New York Driving While Intoxicated crimes include:

  • Driving while intoxicated (DWI) applies to anyone charged with driving while their blood-alcohol content (BAC) is 0.08 or higher
  • Aggravated DWI is the same crime with a BAC of 0.18 or higher
  • Driving while ability impaired by drugs (DWAI-D) applies to anyone caught driving under the influence of any amount of a drug. It is treated with the same seriousness as an alcohol DWI.
  • Zero tolerance DWI applies to minors under the age of 21. Minors face longer suspensions/revocations and fines.

New York also has separate criminal charges for boating and snowmobiling under the influence of alcohol or drugs.

Defenses
Our firm investigates the case to determine what defenses are available, such as:

  • Unreliable breathalyzer, blood and urine test results
  • Unreliable field sobriety tests
  • No probable cause to justify initial traffic stop

Penalties
The sentencing for these crimes includes fines, license suspension and may also include jail time. Additionally, alcoholism evaluation, alcoholism treatment and ignition interlock device (breathalyzer) installation may be imposed as part of the sentencing.

Drivers who refuse a breathalyzer, blood or urine test may have their licenses suspended/revoked.

Conviction for driving while intoxicated crimes may also result in an increase in insurance rates and may affect employment in law enforcement and driving.