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DRIVING WHILE INTOXICATED IN NEW YORK

Driving while intoxicated, also known as “DWI” or “DUI” is likely the most serious criminal charge the average person will likely face. As of November, 2006 the State enacted sweeping changes in the law which has increased the penalties for DWI and in some cases limits a prosecutor’s ability to enter into plea agreements. Not only are the fines increased but there are now longer time frames for license suspensions and revocations. New York’s DWI laws are lengthy, complex, and severe. Below is a thumbnail sketch of what someone may be facing if arrested for DUI. If you have been arrested for driving while intoxicated you need the criminal defense services of the law firm of Palumbo & Associates, P.C. on your side.

What is DWI?

A person is driving while intoxicated per se when his blood alcohol content [“BAC”] is .08. However, even at a lower blood alcohol content a person could still be convicted of driving while intoxicated on the police officer’s observations. This is called “common law” DUI.

DWI is a misdemeanor and therefore a crime. A lesser and included charge of DWI is driving while ability impaired, or “DWAI”. Driving while ability impaired is not a crime but a violation. DWAI is usually charged when the blood alcohol content is less than .08.

Click here to view a list of possible penalties for DWI

Aggravated DWI
What about my driver’s license?
What happens to my license post -conviction?

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