Tag Archives: ADWI

Long Island Woman Faces DWI and Leandra's Law Charges

A Long Island woman faces a charge of aggravated driving while intoxicated after she was involved in an accident while her 3-year-old son rode along as a passenger, police said Sunday.

Cristi Rivas was driving a 2007 Mercedes Benz SUV south in Wheatley Heights Saturday evening when she rear-ended a car driven by Khizar Kharam, Suffolk County investigators said.

Rivas, 38, of Dix Hills, and Kharam, 63, sustained minor injuries and were taken to Good Samaritan Hospital Medical Center in West Islip, police said. Rivas’ toddler also was taken to the hospital for evaluation, but didn’t appear to be injured.

Rivas was charged with aggravated DWI because her passenger was less than 15 years old, a violation of Leandra’s Law. She was also charged with endangering the welfare of a child.

Her son was released to a family member, police said.

There was no information as to whether Rivas had a lawyer who could comment on the charges.

Article Originally Posted on NBC New York

*Photo Credit: “Drunk Driving Among US College Students Still at an Alarming Rate” By: James Palinsad/Source: Flickr

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:

  1. 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%.

  1. 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.

  1. 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.

  1. 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.

*Photo Credit: “Beer Bottle – DUI” By: New York Lawyers/Source: Flickr

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