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24/7/365 Emergency Hotline: 631-348-1702

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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

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.

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.

In New York, the Blood Alcohol Content (BAC) for DWAI is between .05% and .07%. A first time offense of a DWAI can result in:

• A 90 day license suspension
• Up to 15 days in jail
• Up to $500 in fines
• Driver Responsibility Program fees of at least $250 annually for three years

In New York the Blood Alcohol Content (BAC) for DWI is above .08. A first offense for DWI can result in:

• A six (6) month license revocation
• Up to one year in jail
• Up to $1,000 in fines
• Driver Responsibility Program fees of at least $250 annually for three years
• Three (3) years probation
• Mandatory Ignition Interlock

The penalties for DWAI/DWI increase for repeat offenders.

If you have been arrested for a DWI or a DWAI, contact an experienced attorney who can advise you and fight for your legal rights. Call the criminal defense attorneys at the Law Office of McGuire & Pelaez, P.C. today at (631) 348-1702.

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christopher get me
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I wouldn’t trust anyone else with my legal affairs. This firm is highly trusted, well-respected, and truly dedicated to their clients. Every attorney goes above and beyond, fighting tirelessly in every situation. Their commitment, professionalism, and determination give you real confidence that you’re in the best hands.
The best!
Response from the owner:LaTasha,

Thank you for the 5 star review!
This has been the best attorney ever they are honest aggressive and get the job done to have a favorable outcome p.s they very thorough, patience, compassionionate in regards to your case God bless McGuire pelaez, Bennett & belcastro attorney at law !!!
Un buen servicio al cliente
Staff is friendly and work very fast. Good pricing and great communication would definitely recommend. This is the second time they have helped me out with my traffic tickets
10/10, very personable staff, upmost professionalism, beyond efficient , HIGHLY recommend
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