Driving While Intoxicated and Driving While Ability Impaired are charges that carry significant criminal and civil consequences from imprisonment and fines to the loss of your license. These matters are often complex and should not be fought alone. The assistance of an experienced attorney is imperative if you have been charged with any alcohol related offense. New York has four levels of DWI/DWAI charges. These offenses are charged in different circumstances and each has their own corresponding consequences. 
Driving While Ability Impaired (DWAI) - This is the lowest level of drinking and driving offense in New York. In fact, DWAI is a traffic offense and not a crime. With that said, DWAI should not be taken lightly as it carries with it some rather harsh punishment and potentially long-lasting consequences. Usually, individuals are charged with this offense if they have a BAC of less than 0.08 but more than 0.05. However, the statute does not specify a BAC limit vis a vis DWAI. Thus, the prosecution must prove that your mental and physical capacity was actually impaired by alcohol. In most cases, a prosecutor will not reduce a DWAI charge out of an alcohol related offense. That is not to say that it does not occur however, given the fact that any charge of DWAI carries with it the real potential that the arrest was suspect or that the sobriety tests were employed improperly. Since prosecutors usually do not lightly reduce these charges, the only way to proceed is to defend against the charge. To that end, you have very little to lose as indivisuals charged with DWAI are usually only offered a plea to the charge.
Driving While Intoxicated (Per Se DWI) - This is a crime, a misdemeanor, and is charged when your BAC is registered at or above 0.08%. Most prosecutions for DWI center upon per se DWI as some believe it is easier to prove.
Driving While Intoxicated (Common Law DWI) - Like DWI Per Se, this is a misdemeanor and is often charged in conjunction with DWI Per Se, where there is a chemical test result. Unlike DWI Per Se, this can be charged even if you are not tested or refuse a breath test or blood test. Since this charge is not dependent upon a specific BAC, the prosecution need only establish that you consumed alcohol to the extent that you are physically or mentally incapable of operating a motor vehicle in a reasonable and prudent manner.
DWAI-Drugs - Unlike its cousin, DWAI (a traffic infraction) DWAI Drugs is a crime. The charge is the same in all other respects, except that the intoxicant is not alcohol but, drugs.
If you have been charged with any of the above in Albany County, Rensselaer County, Saratoga County, Schenectady County, Warren County, Greene County, Columbia County, Montgomery County or Ulster County, contact DWI Attorney Matthew C. Hug at 518.283.3288 for a free initial consultation. |
