NYC DWI Lawyer

In many states, drunk driving in called Driving Under the Influence or DUI. Other states call drunk driving Operating Under the Influence or OUI or Driving While Impaired. In New York drinking and driving is called Driving While Intoxicated or DWI. It is also illegal to drive after taking a medication or drug that impairs a person’s ability to drive. In New York, that crime is called Driving While Ability Impaired By Drugs or DWAI By Drugs.

There are several DWI-related laws in New York.

New York Driving While Ability Impaired, Vehicle and Traffic Law Section 1192(1).

The law states: No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol.

DWAI is punished as a traffic infraction. The penalties for a first conviction of DWAI include up to 15 days in jail, a fine of between $300 and $500, a license suspension for 90 days (the penalty is more severe for drivers less than 21 years old and commercial drivers license holders), a court surcharge of $255, which is $260 in a local justice court), a DMV driver responsibility assessment of $250 annually for 3 years and attendance in a Victim Impact Panel.

Learn more about DWAI in NYC. 

NYC Driving While Intoxicated or DWI, Vehicle and Traffic Section 1192(2) or 1192(3).

Vehicle and Traffic Section 1192(2) states: Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.

Vehicle and Traffic Section 1192(3) states: Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.

Driving While Intoxicated  may be punished by a misdemeanor or felony, which means a conviction will lead to a criminal record. Unless a person has a previous conviction in any state during the past 10 years or a child who is 15 years old or less is in the car, a first DWI conviction is a misdemeanor. The penalties for DWI as a misdemeanor include: up to 1 year in jail, a fine of between $500 and $1,000, probation of 2 or 3 years, a driver license revocation of at least 6 months, an ignition interlock device for at least 6 months, a court surcharge or $395, which is $400 in a local justice court, a DMV driver responsibility assessment of $250 annually for 3 years and attendance in the Drinking Driver Program and Victim Impact Panel.

If a person has a previous DWI conviction within 10 years in any state or a child of 15 years old or younger was in the car, DWI will be punished as a felony. The punishment for felony DWI, a second conviction within 10 years or is a child 15 or younger was in the car includes: up to 4 years in prison, a fine of between $1,000 and $5,000, probation for 5 years, an ignition interlock device for at least 6 months, a driver license revocation of at least 1 year, a court surcharge or $520, a DMV driver responsibility assessment of $250 annually for 3 years and attendance in the Drinking Driver Program and Victim Impact Panel. If the prior DWI conviction occurred in the past 5 years the penalty must include a minimum of 5 days in jail or 3o days of community service.

Driving While Ability Impaired By Drugs or DWAI By Drugs in New York: Vehicle and Traffic Section 1192(4).

The law states: Driving while ability impaired by drugs. No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug as defined in this chapter.

The penalties for misdemeanor or felony DWI apply.

Driving While Ability Impaired By the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs or DWAI By Drugs and Alcohol in New York: Vehicle and Traffic Section 1192(4-a).

The law states: No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.

The penalties for misdemeanor or felony DWI apply.

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