New York DWI

New York DWI offenses (or Driving Under the Influence) are best defined by the 2 violations that you are most likely accused of. The first DWI related offense is the one brought on by the New York court system where they must prove that you were driving or operating a motor vehicle while impaired by alcohol and/or drugs. This is where the field sobriety tests, and other evidence can be used to demonstrate your level of impairment.

The second is what's known as the per se which makes it a crime to operate a motor vehicle with a blood alcohol level (BAC) of .08% or greater. To be in violation of the per se law the driver need not be impaired, but simply have a BAC of .08% or greater while operating a motor vehicle.

What are the DWI Violations in New York State?

DWI (Driving While Intoxicated); Intoxication is set at or above a .08% BAC or or other evidence of intoxication. This other evidence of intoxication varies but must be substantial. 

Aggravated DWI, or Aggravated Driving While Intoxicated means a person has committed the crime of DWI but with a higher blood alcohol concentration. The BAC level for aggravated DWI is set at .18% or higher. 

In addition there are also some other related New York DWI offenses listed below. New York is unique in that you can still be convicted of a crime even if your blood alcohol concentration comes in below the legal limit. This first violation is what you would be charged with; 

DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05% BAC to .07% BAC, or other evidence of impairment.

DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol. 

DWAI/Combination: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol. 

Chemical Test Refusal: Anyone who refuses to take a chemical test can receive a driver license revocation of at least 1 year and must pay a $500 civil penalty ($550 for a driver of commercial vehicles with a CDL) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI related charge will have their driver license revoked for at least 18 months and must pay a $750 civil penalty to apply for a new driver license. 

Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02% BAC to .07% BAC violates the Zero Tolerance Law. 

New York DWI Penalties

For NY DWI penalties visit the New York State DMV page for current sanctions.

New York DWI Attorneys

If you're facing a NY DWI charge don't make the mistake of trying to represent yourself or worse just pleading guilty.  DWI defense is a complex part of the law and requires a skilled attorney who has represented clients in similar situations.  You want to speak with only those attorneys who ONLY handle DWI cases- a specialist.

DUI Arrest Help.com has compiled a list of skilled defense attorneys in New York who have agreed to offer you a free initial consultation to discuss your case.  There is no obligation to use them, and you can get some great information about what you should do.  

Click here to speak with one of our New York DWI lawyers.

Insurance Considerations for a New Mexico DWI

New York requires those convicted of DWI offenses to maintain SR-22 insurance for a period of 3 years from the date their driving privileges were reinstated.  SR-22 insurance is a form of high risk auto insurance and is more expensive than 'regular' auto insurance.

DUI Arrest Help.com has partnered with the largest and most trusted provider in the state of New York to offer you a free no obligation SR-22 insurance quote.  Not only will you save money but our partner also leads the insurance industry in customer service. 

Take a minute and fill out a free no obligation quote.  It won't cost you a thing (and only takes a minute) to check and see what they can do for you.

Get a free no obligation New York SR22 insurance quote here

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