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What is DWI?

What is DWI?

What Is DWI

What Is DWI?

Driving While Intoxicated (DWI) is a crime. In New York State the penalties include the loss of driving privileges, fines, and even jail. People’s judgment, coordination and ability to drive change when they consume any amount of alcohol. The level of impairment depends on five conditions:

  • the amount of alcohol consumed;
  • the amount of food you eat before or while you drink alcohol;
  • the length of time you drink alcohol;
  • your body weight; and
  • your gender.

There is no quick method to become sober. The best method is to allow sufficient time to pass to allow your body to absorb the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.

What are alcohol and drug-related violations?

    Driving Under the Influence
  • BAC = blood alcohol concentration.
  • DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
  • Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.
  • DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
  • DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol.
  • DWAI/Combination: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.

Chemical Test Refusal

A driver who refuses to take a chemical test (normally a test of breath, blood or urine) may receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.

Zero Tolerance Law

A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

Leandra’s Law

If you are convicted of a DWI offense you are required to install and maintain ignition interlock devices on any vehicles you own or operate for at least six months at your expense. Click here to learn more about Leandras Law.

If you have been charged with a DWI offense we recommend you call 917-519-8417 for legal assistance.