Ny Dwi - Drunk Driving, Aggravated Dwi and New York State Law

Nys Attorney Directory - Ny Dwi - Drunk Driving, Aggravated Dwi and New York State Law

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People keep driving drunk. Despite decades of efforts to discourage, deter and punish Dwi offenders, there are still abundance of habitancy who keep doing it.

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In New York State, first-time Dwi offenders face potential fines and surcharges that can exceed 00, license suspension or revocation, and a collection of other consequences. Jail time is rare on a first offense, but it can happen. Until recently the maximum fine for a first-time Dwi was 00, but New York added an "Aggravated Dwi" offense for when the blood-alcohol content (Bac) is over 0.18.

The Aggravated Dwi payment also affects plea bargaining. In many cases lawyers could negotiate uncomplicated Dwi charges down to a reduced payment of Dwai. This is still ordinarily true for cases where the Bac is below 0.18. But when the driver is charged with Aggravated Dwi, it is now roughly impossible to negotiate the payment down to anything less than Dwi. This is an important distinction, because Dwi is a misdemeanor and therefore a crime, while Dwai is a violation and is not determined a crime.

There are three levels of Dui offense in New York State for first-time offenders. Dwai is "driving while capability impaired," and is ordinarily notion to be for a Bac of in the middle of 0.05 and 0.07. This is not wholly accurate, as those Bac levels do not necessarily make a man guilty of Dwai. It is exact in the sense that a man who blows a 0.05 to 0.07 will normally be charged with a Dwai. A good lawyer will roughly always get a good deal or even a dismissal on a 0.05, and often on a 0.06. The 0.07 Bac is a tougher one but it is still winnable. The fine range for Dwai is in the middle of 0 to 0, but surcharges and assessments push the total over 00. The driver is roughly always suspended for 90 days, and normally takes the Drinking Driver program (Ddp) to get a conditional license. After 90 days the driver pays a fee to lift the suspension.

Dwi, or "driving while intoxicated," now ordinarily refers to a Bac of 0.08 to 0.17. New York also has a "common law" Dwi offense which is not defined by the Bac. This is generally important in cases where the defendant refused to blow into the breathalyzer or where there was a qoute with the machine. The police would typically testify about the defendant's behavior (staggering, slurred speech, etc.) and a jury would rule whether the defendant was intoxicated. The fine range for Dwi is 0 to 00, with total costs potentially approaching 00. The driver's license is revoked for six months, but can take the Ddp to get a conditional license. After the revocation period, the driver has to reapply for a license.

The fine range for Aggravated Dwi in New York is 00 to 00. With assessments and other charges it can go over 00. The revocation lasts for a year.

As a Dwi lawyer in New York, I ordinarily recommend first-time offenders to fight any Dui payment where the Bac is 0.09 or below, where they are charged with Aggravated Dwi, and when there are unavoidable apparent problems in the paperwork. By fight, I mean at the least going straight through the initial stages of fighting the case along with a appeal and a suppression hearing. Once that stage is over, we will have a much better idea of our chances at trial, and can roughly always negotiate a good deal at that stage anyway if that's what the client wants to do.

There are unavoidable consequences to fighting a Dwi. First, the driver is normally suspended while the case is pending (if the Bac is 0.08 or above) and many drivers can't drive until they get a conditional license until 30 days after that suspension starts - and the 30 days don't count against any later suspension. Second, the attorney fee for that process is significantly higher than for development a deal. Finally, many defendants feel guilty about their show the way (even when they're undoubtedly innocent) and the fight can be traumatic. However, the long-term consequences of having a Dui offense on your description is substantial. In some sense it never undoubtedly goes away. It can influence your career, status in the military, and is particularly vital if you get charged with an additional one Dui offense in the future.

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