New York DWI (DUI) and DWAI Information under VTL 1192:
New York State Law in the area of DWI and DWAI changes often. Each case must be discussed in detail to determine the potential penalties and other consequences. Accordingly, the information on this page is not to be construed as legal advice and is not to be relied upon without proper consultation of an attorney. See our disclaimer/terms of use for further details. As a qualified and experienced Westchester DWI Attorney and New York City DWI Lawyer, I will be happy to consult with you and advise you on which of the following sections applies to your specific case. Please also refer to our NY Criminal Defense Journal for articles concerning elements of the DWI defense case.
Driving While Intoxicated (DWI Charges) - In New York State, a person may be charged with Driving While Intoxicated, DWI, when that person is operating a motor vehicle on a public roadway with a blood alcohol concentration of .08 or above. A person may also be charged with DWI if the person is observed to appear intoxicated under the same conditions, a charge known as Common Law DWI. Whether charged as a misdemeanor or a felony, DWI is a criminal charge and a DWI conviction will result in a permanent criminal record.
Driving While Ability Impaired (DWAI Charges) - A person may be charged with DWAI in New York State when that person is observed operating a motor vehicle on a public roadway with a blood alcohol concentration of between .05 and .07. A conviction for DWAI is not a criminal offense but does carry with it monetary penalties and potentially even prison time.
Aggravated DWI - a blood alcohol concentration of .18 or greater may result in an Aggravated DWI Charge. A conviction to either misdemeanor or felony Aggravated DWI carries more severe monetary penalties, longer license revocation, and the potential for increased jail time.
If you have been arrested with any of the above offenses, contact our office to discuss the specific details of your arrest.
New York State Law in the area of DWI and DWAI changes often. Each case must be discussed in detail to determine the potential penalties and other consequences. Accordingly, the information on this page is not to be construed as legal advice and is not to be relied upon without proper consultation of an attorney. See our disclaimer/terms of use for further details. As a qualified and experienced Westchester DWI Attorney and New York City DWI Lawyer, I will be happy to consult with you and advise you on which of the following sections applies to your specific case. Please also refer to our NY Criminal Defense Journal for articles concerning elements of the DWI defense case.
Driving While Intoxicated (DWI Charges) - In New York State, a person may be charged with Driving While Intoxicated, DWI, when that person is operating a motor vehicle on a public roadway with a blood alcohol concentration of .08 or above. A person may also be charged with DWI if the person is observed to appear intoxicated under the same conditions, a charge known as Common Law DWI. Whether charged as a misdemeanor or a felony, DWI is a criminal charge and a DWI conviction will result in a permanent criminal record.
Driving While Ability Impaired (DWAI Charges) - A person may be charged with DWAI in New York State when that person is observed operating a motor vehicle on a public roadway with a blood alcohol concentration of between .05 and .07. A conviction for DWAI is not a criminal offense but does carry with it monetary penalties and potentially even prison time.
Aggravated DWI - a blood alcohol concentration of .18 or greater may result in an Aggravated DWI Charge. A conviction to either misdemeanor or felony Aggravated DWI carries more severe monetary penalties, longer license revocation, and the potential for increased jail time.
If you have been arrested with any of the above offenses, contact our office to discuss the specific details of your arrest.
To Contact Our Office
Right Now:
(800) 430-1046 (24 hours)
Law Offices of
John P. Pettinella & Associates
800 Westchester Ave, Suite 608
Rye Brook, NY 10573
(914) 713-0505
Flexible payment arrangements available. For our clients' convenience, all major credit cards are accepted.
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