Everything You Should Know About DUI and DWI

Drinking and driving can be a dangerous and costly combination. In New York, about 90,000 DWI-related arrests are made every year. The 4 common drug and alcohol related offences are:

DWI—Driving While Intoxicated

A driver is usually stopped and charged with a DWI when they give an officer probable cause, such as swerving, to test their Blood Alcohol Content (BAC) using a breathalyzer test. Any driver over the age of 21 can be charged with a DWI if their BAC or blood alcohol content is .08 % or greater. Underage drivers can be charged if their BAC is .02 % and commercial/motor drivers can be charged if their BAC is at least.04%.

DWAI—Driving While Ability Impaired

The DWAI offense is the lowest offense for alcohol and drug related charges. This is the only alcohol related charge that is merely a traffic violation. Individuals charged with a DWI sometimes get their charges reduced to DWAI. Their attorney might work with a District Attorney to settle for this lesser charge. The success of being offered a DWAI depends on the facts and circumstances of the case and whether or not this is a repeated offense. A conviction will lead to a 90 day license suspension and fines.

ADWI—Aggravated Driving While Intoxicated

The ADWI can be given to any driver with a BAC of .18% or greater. This type of charge can lead to fines, license suspension, and even jail time. The ADWI can sometimes be reduced to a DWI depending on the driver’s case. Although the initial ADWI is considered a misdemeanor, any repeated ADWI is considered a felony.

DWAI-D—Driving While Ability Impaired-Drugs

A driver can be charged with a DWAI-D if they drive after consuming illegal or prescription drugs. Usually a chemical test, which requires a blood or urine sample, is administered after an accident occurs to determine the presence of drugs in the driver’s body.

If you have received a traffic ticket for a DUI, DWI or any other alcohol and drug related offences, please contact us immediately at 212-227-9008 or email us at michaelblock.law@gmail.com to learn more about how we can defend you.

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