If you are caught operating a vehicle with a BAC of over .08% or higher, you could be arrested for DWI. In some states, it is possible to reduce your charges through a plea bargain. A reduced DWI is called a “Wet Reckless.” In New York, it is extremely difficult to have your plea reduced to a wet reckless and in fact, for many cases pleading wet reckless is not a possibility.
However, it is possible to be convicted of a less serious offense if you are found operating a vehicle while “substantially impaired” but no over the legal limit. If this sounds like a legal gray area, that is because it is. For example, you leave a party having had a glass or two of wine. You know you are okay to drive, so you decide to drive yourself home. While driving home, you see something in the road that causes you to swerve out of the way. A police officer notices your erratic movements and pulls you over. You blow below the legal limit at .06%, but the police officer feels you are impaired by the alcohol to a substantial extent. The officer arrests you and charges you with a DWAI.
The penalties for a DWAI in New York are not as severe as DWI however; you could still face similar penalties. Even if the prosecutor drops your DWI charge to a DWIA-Alcohol charge you could still face the following penalties:
Whether you were arrested and charged with a DWI or a DWAI-Alcohol charge, the skilled White Plans DWI attorneys of Tilem & Associates, PC are ready to help you. Give us a call to discuss your case today.