| People keep driving drunk. Despite decades of | | | | the BAC. This is mainly important in cases where the |
| efforts to discourage, deter and punish DWI | | | | defendant refused to blow into the breathalyzer or |
| offenders, there are still plenty of people who keep | | | | where there was a problem with the machine. The |
| doing it. | | | | police would typically testify about the defendant's |
| In New York State, first-time DWI offenders face | | | | behavior (staggering, slurred speech, etc.) and a jury |
| potential fines and surcharges that can exceed | | | | would decide whether the defendant was intoxicated. |
| $3000, license suspension or revocation, and a variety | | | | The fine range for DWI is $500 to $1000, with total |
| of other consequences. Jail time is rare on a first | | | | costs potentially approaching $2000. The driver's |
| offense, but it can happen. Until recently the | | | | license is revoked for six months, but can take the |
| maximum fine for a first-time DWI was $1000, but | | | | DDP to get a conditional license. After the revocation |
| New York added an "Aggravated DWI" offense for | | | | period, the driver has to reapply for a license. |
| when the blood-alcohol content (BAC) is over 0.18. | | | | The fine range for Aggravated DWI in New York is |
| The Aggravated DWI charge also affects plea | | | | $1000 to $2500. With assessments and other |
| bargaining. In many cases lawyers could negotiate | | | | charges it can go over $3000. The revocation lasts |
| simple DWI charges down to a reduced charge of | | | | for a year. |
| DWAI. This is still generally true for cases where the | | | | As a DWI lawyer in New York, I generally advise |
| BAC is below 0.18. But when the driver is charged | | | | first-time offenders to fight any DUI charge where |
| with Aggravated DWI, it is now almost impossible to | | | | the BAC is 0.09 or below, where they are charged |
| negotiate the charge down to anything less than | | | | with Aggravated DWI, and when there are certain |
| DWI. This is an important distinction, because DWI is | | | | apparent problems in the paperwork. By fight, I mean |
| a misdemeanor and therefore a crime, while DWAI is | | | | at the least going through the initial stages of fighting |
| a violation and is not considered a crime. | | | | the case including a motion and a suppression hearing. |
| There are three levels of DUI offense in New York | | | | Once that stage is over, we will have a much better |
| State for first-time offenders. DWAI is "driving while | | | | idea of our chances at trial, and can almost always |
| ability impaired," and is generally thought to be for a | | | | negotiate a good deal at that stage anyway if that's |
| BAC of between 0.05 and 0.07. This is not completely | | | | what the client wants to do. |
| accurate, as those BAC levels do not necessarily | | | | There are certain consequences to fighting a DWI. |
| make a person guilty of DWAI. It is accurate in the | | | | First, the driver is usually suspended while the case is |
| sense that a person who blows a 0.05 to 0.07 will | | | | pending (if the BAC is 0.08 or above) and many |
| usually be charged with a DWAI. A good lawyer will | | | | drivers can't drive until they get a conditional license |
| almost always get a good deal or even a dismissal on | | | | until 30 days after that suspension starts - and the |
| a 0.05, and often on a 0.06. The 0.07 BAC is a | | | | 30 days don't count against any later suspension. |
| tougher one but it is still winnable. The fine range for | | | | Second, the attorney fee for that process is |
| DWAI is between $300 to $500, but surcharges and | | | | significantly higher than for making a deal. Finally, |
| assessments push the total over $1000. The driver is | | | | many defendants feel guilty about their conduct |
| almost always suspended for 90 days, and usually | | | | (even when they're actually innocent) and the fight |
| takes the Drinking Driver Program (DDP) to get a | | | | can be traumatic. However, the long-term |
| conditional license. After 90 days the driver pays a | | | | consequences of having a DUI offense on your |
| $25 fee to lift the suspension. | | | | record is substantial. In some sense it never really |
| DWI, or "driving while intoxicated," now generally | | | | goes away. It can affect your career, status in the |
| refers to a BAC of 0.08 to 0.17. New York also has a | | | | military, and is particularly significant if you get |
| "common law" DWI offense which is not defined by | | | | charged with another DUI offense in the future. |