Everything you wanted to know about New York DWI from a New York DWI Lawyer

Driving While Intoxicated (DWI) is at least a Criminal Misdemeanor in New York State. The New York State Law that covers DWI is The Vehicle and Traffic Law; section 1192. The Law states that any person who operates a motor vehicle under the influence of alcohol with a BAC (Blood Alcohol Concentration) .08 or over is guilty of DWI. Any New York DWI Lawyer will tell you a conviction of DWI carries a permanent criminal record. Further, in New York, there is no expungement of criminal convictions for DWI.

A DWI Lawyer from our office has compiled some background information with regard to the three types of DWI misdemeanor charges. They are defined by the intoxicant and the means the police test for the DWI. In addition we have included the number of factors to consider in determining BAC (blood alcohol concentration) and the some of the criminal and civil penalties that come as a result of a conviction.

DWI Misdemeanor Charges

1192.1 Driving while ability Impaired is a violation not a crime DWAI .04 -.07 BAC
1192.2 Common Law DWI - Test for sobriety by exam and observation of the officer
1192.3 Scientific DWI- Test by Breathalyzer, blood, urine
1192.4 Drugs - Driving under the influence of drugs...observation, blood, and urine test, Statement of admission

Thus there are different ways a driver can be charged and convicted of DWI.

The amount and type of alcohol consumed is a factor as well as the driver's total weight. The type of food eaten prior to or during the alcohol consumption, the amount of time it took to drink the alcoholic beverage and the driver's sex are also elements in how intoxicated one can become.

Most people metabolize approximately one drink per 60 minutes. This figure is an average and may vary from person to person.

Here's a New York DWI Lawyers sentencing guidelines for Driving While Intoxicated (DWI) and Driving While Ability Impaired (DWAI) for first time offenders.

1192.1 Driving While Ability Impaired by Alcohol has a fine between $300.00 and $500.00. There is a maximum jail sentence of 15 days and a 90 day suspension of your driver's license.

1192.2 Driving While Intoxicated with fines between $500.00 and $1,000.00 with a jail sentence of up to a year and a license suspension for a minimum of 6 months.

1192.3 Driving While Intoxicated with fines between $500.00 and $1,000.00 with a jail sentence of up to a year and a license suspension for a minimum of 6 months.

1192.4 Driving While Impaired by Drugs with fines between $500.00 and $1,000.00 with a jail sentence of up to a year and a license suspension for a minimum of 6 months.

If you have been arrested for DWI you need your own New York DWI Lawyer on your side. No matter what New York DWI criminal charge you are facing our New York DWI Lawyers will aggressively advocate on your behalf and will consult with you for free at our location nearest to you. We have many locations in the New York metropolitan area. Whether it is in the Bronx, Brooklyn, Queens or Manhattan, or on Long Island in Nassau County or Suffolk County, a New York DWI Lawyer from our office stands ready to meet you. Call us at 1800 NY NY LAW for a free consultation.