Types of DWI Charges in New York
Driving While Intoxicated (DWI) is a serious offense in New York, with a range of charges that vary based on the circumstances of the offense, the driver’s level of intoxication, and whether any prior offenses exist. At Tilem & Associates, PC, our experienced DWI attorneys provide skilled legal representation for all types of DWI charges, helping clients navigate the complex legal system, protect their rights, and work toward the best possible outcome.
Understanding Different DWI Charges
New York has strict laws against driving under the influence of alcohol or drugs. The specific charge you face will depend on factors such as blood alcohol concentration (BAC), age, and whether you are a commercial driver. Common types of DWI charges include:
- Driving While Intoxicated (DWI) A standard DWI charge applies when a driver’s BAC is 0.08% or higher. For commercial drivers, the threshold is 0.04%. Penalties for a first offense can include fines, license suspension, and even jail time.
- Aggravated DWI An Aggravated DWI charge applies when a driver’s BAC is 0.18% or higher. The penalties for an aggravated DWI are more severe than a standard DWI, often including higher fines, longer license suspensions, and potentially longer jail sentences.
- Driving While Ability Impaired by Alcohol (DWAI/Alcohol) A DWAI/Alcohol charge applies when a driver’s BAC is between 0.05% and 0.07%. Although this is considered a lesser offense than a DWI, it still carries penalties such as fines, license suspension, and possible jail time.
- Driving While Ability Impaired by Drugs (DWAI/Drugs) This charge applies when a driver is impaired by drugs, whether prescription, over-the-counter, or illegal substances. The penalties for DWAI/Drugs can be similar to those of a standard DWI and may include fines, jail time, and mandatory drug treatment programs.
- Driving While Ability Impaired by a Combination of Alcohol and Drugs (DWAI/Combination) If a driver is impaired by both alcohol and drugs, they may face a DWAI/Combination charge. The penalties for this offense can be severe, especially for repeat offenders.
- Underage DWI (Zero Tolerance Law) For drivers under the age of 21, New York’s Zero Tolerance Law applies. Any BAC of 0.02% to 0.07% can lead to administrative penalties, including license suspension and fines. Criminal charges may apply if the BAC is 0.08% or higher.
- Commercial DWI Commercial drivers face stricter regulations. A BAC of 0.04% or higher can lead to a DWI charge. The consequences for commercial drivers are particularly severe, as a conviction can impact their livelihood and result in the loss of a commercial driver’s license (CDL).
Defending Against DWI Charges
Our skilled DWI attorneys at Tilem & Associates, PC, understand that every case is unique. We meticulously examine all aspects of the case, including the validity of the traffic stop, the administration of sobriety tests, and the accuracy of chemical testing procedures. Our goal is to identify any weaknesses in the prosecution’s case and build a strong defense strategy.
Potential Defenses Against DWI Charges May Include:
- Challenging the legality of the traffic stop
- Questioning the accuracy of BAC testing methods
- Arguing improper administration of field sobriety tests
- Presenting evidence of medical conditions that could affect test results
- Demonstrating procedural errors by law enforcement
Why Choose Tilem & Associates, PC?
- Experienced Defense: Our attorneys have a deep understanding of New York DWI laws and extensive experience handling a wide variety of DWI cases.
- Our senior lawyer is a former prosecutor who prosecuted DWI cases.
- Personalized Approach: We develop tailored legal strategies that address the specific circumstances of your case.
- Aggressive Representation: We are prepared to fight for your rights, whether through negotiation or litigation.
- Knowledge of Local Courts: Our familiarity with local court systems and prosecutors gives us an advantage when building your defense.
If you or a loved one is facing DWI charges in New York, contact Tilem & Associates, PC, today. Our experienced legal team is ready to provide a thorough assessment of your case, explain your legal options, and develop a strong defense strategy. Don’t face DWI charges alone—let us help you protect your rights and your future.
