A DWI Conviction Carries Strict Penalties in New York

Driving while intoxicated (DWI) is one of the most preventable, but biggest mistakes a person can make. Alcohol can severely impair one’s cognitive abilities, reflexes, vision, and more. According to the State of New York, the level of impairment that affects each person is different and depends on five conditions:

  • the amount of alcohol you drink;
  • the amount of food you eat before or while you drink alcohol;
  • the length of time you drink alcohol;
  • your body weight; and
  • your gender.

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What Should I do if Arrested for a DUI or DWI in New York?

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious traffic matter that could result in a criminal record and jail time. If you find yourself under questioning or arrest, consider the following.

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Case Dismissed Based on “Auto-Brewery Syndrome” Defense

Having a dedicated and experienced attorney is essential to defending yourself against DWI charges. There are evidentiary tools and various defenses which can be asserted that an attorney can help identify.

One recent case in which an attorney’s experience and use of unique defense tools resulted in a dismissal is a case in Upstate New York. A woman, after driving erratically, was pulled over for drunk driving. Her blood alcohol content (BAC) was at .33, more than four times the legal limit of .08. She stated that she only drank three alcoholic beverages earlier in the day, which was not enough to equal her BAC.

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Understanding the Difference Between DWI and DWAI in New York

Driving While Impaired (DWAI – in lay terms “buzzed driving”) means your ability to operate a motor vehicle has been affected to any extent by the consumption of alcohol. DWAI is a violation, not a crime. Driving While Intoxicated (DWI – in lay terms “drunk driving”) means you are physically and mentally incapable of driving as a reasonable and prudent person due to the consumption of alcohol. Driving While Intoxicated is a crime.

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Understanding Leandra’s Law

Signed into law on November 18, 2009, Leandra’s Law was enacted in honor of Leandra Rosado, an 11-year old killed while she rode in a vehicle with her intoxicated mother. Leandra’s Law creates harsher penalties against motorists who drink and drive while transporting children.

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Drunk Driver on Long Island Crashes through Neighbors’ House

A Lake Ronkonkoma man is facing a DWI charge after driving his vehicle into his next-door neighbor’s house on Sunday November 24, 2014.  According to authorities, the 20-year-old male was driving a 2010 Hyundai Sonata when he crashed through the neighbors’ front door.  The driver fled the scene, but police were able to easily locate him as it was quickly discovered that he lived next door.  Fortunately, all of the individuals inside the house escaped injury.

Driving while intoxicated (DWI) is a dangerous and costly illegal offense.  Alcohol not only severely impairs your driving abilities; it also affects your judgment and coordination. If you are convicted of a DWI as a first offense, the consequences may be harsh. Common consequences include fines of between $500 and $1,000, up to 1 year in jail, a minimum of 3 years’ probation, and revocation of your driver’s license for at least 6 months. In addition, there are a number of other fines and programs that may be imposed on you by the court.

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