DRIVING WHILE UNDER THE INFLUENCE OR INTOXICATED OR DRIVING WHILE IMPAIRED BY ALCOHOL OR DRUGS

New York laws concerning driving while intoxicate or impaired by alcohol or drugs are very confusing. You need qualified and experienced legal experience to handle your charge for DWI, Aggravated DWI, DUI, DWAI or DWAI with drugs. If you are arrested for DWI, Aggravated DWI, DUI, DWAI or DWAI with drugs contact Muller & Mannix immediately to get prompt, qualified and experienced help.

In New York, you can be prosecuted for the following crimes:

  • DRIVING WHILE INTOXICATED [DWI OR DUI]. This applies to drivers who have a blood alcohol content [BAC] of 0.08% or higher or who demonstrate other evidence of intoxication, such as impaired motor coordination, slurred speech, glassy eyes, inability to perform field sobriety testing.
  • DRIVING WHILE ABILITY IMPAIRED (BY ALCOHOL) [DWAI]: This applies to drivers who have a blood alcohol content [BAC] of less than 0.08%, and does not mean you're okay to drive. You may be convicted of a DWAI with a BAC of between 0.05% and 0.07%, or if you show other evidence that you are impaired. The word “impaired” means that the driver’s “physical and mental abilities” necessary to operate a vehicle in a “reasonable and prudent manner” have been “actually impaired, to any extent,” by alcohol.
  • DRIVING WHILE ABILITY IMPAIRED BY A DRUG OTHER THAN ALCOHOL. This applies to drivers who have has been “impaired” by taking some drugs, including prescription medication. that affects your driving ability, so this law covers any substance that could make you a dangerous driver. The word “impaired” means that the driver’s “physical and mental abilities” necessary to operate a vehicle in a “reasonable and prudent manner” have been “actually impaired, to any extent,” by drugs.
  • AGGRAVATED DRIVING WHILE INTOXICATED (ADWI): This applies to drivers who have a blood alcohol content [BAC] of .18% or higher. Aggravated DWI may result in substantially higher or enhanced fines and penalties.
  • CHEMICAL TEST REFUSAL. In New York, all drivers impliedly consent to take an alcohol test if a police officer asks for one. This is known as the implied consent law, which means that anytime a person drives a vehicle, he or she consents to an alcohol test. If you fail or refuse to take the alcohol or drug test, then your driver’s license can be revoked by the Department of Motor Vehicles, even if your charge for driving while intoxicated or driving while impaired by alcohol or drugs is dismissed. The Department of Motor Vehicles also imposes “civil penalties” against a driver who has failed or refused to take a blood, urine or breath test when requested by a police officer.
  • ZERO TOLERANCE LAW. Drivers under the age of 21 are subject to the “zero tolerance law,” which lowers the legal blood alcohol content level to 0.02%.

In New York State, a driver may be arrested if the police officer has reason to believe that the motorist’s ability to drive has been “impaired” by alcohol. DWAI (Driving While Ability Impaired by Alcohol) is a lesser charge than DWI called, and generally has lesser consequences than a charge of DWI. The word “impaired” means that the driver’s “physical and mental abilities” necessary to operate a vehicle in a “reasonable and prudent manner” have been “actually impaired, to any extent,” by alcohol. The word “intoxicated” means that the driver has consumed alcohol to the extent that it has rendered the motorist physically and mentally “incapable” of driving a vehicle in a “reasonable and prudent manner.”

Drivers convicted of DWI, Aggravated DWI, DUI, DWAI or DWAI with drugs, may have his or her license is suspended for 90 days or revoked for 6 months or for 1 year. New York requires alcohol education in order for a driver's license to be reinstated. After the second offence, the driver risks the possibility of having his or her vehicle taken or confiscated. In New York, the driver may be required to attend alcohol education program or the “Drinking Driver Program” [DDP] run by the Department of Motor Vehicles at a cost of $225. You also may be required to obtained a drug or alcohol evaluation by a certified and approved OASIS evaluator. Normally, these programs offer drunk driving prevention education and assess the offender's drinking habits. If the offender is determined to be alcohol- dependent, he or she can be ordered to participate in counseling.

Installing an ignition lock in repeat offender's cars is a possibility in the state of New York. An ignition lock is a machine that is connected to a car's ignition and checks the driver's blood alcohol content level. The driver has to blow into the machine to start the car and do so from time to time while the car is running. If alcohol is detected, the car either does not start or turns itself off.