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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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I had the pleasure of working with McGuire, Peláez,Bennett, & Belcastro. The entire process was handled with professionalism, efficiency, and genuine care. Everyone I interacted with was knowledgeable, responsive, and made sure my questions were answered along the way. I really appreciated how smoothly everything was handled and how quickly they got back to me whenever I needed assistance. I would definitely recommend their office to anyone looking for a professional and reliable team!
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