New York DWI Lawyer

Similar to a DWI is a DUI, which stands for driving under the influence. In New Jersey and other states across the country, there is no difference between DWI and DUI, with the term being used interchangeably without fault. However, there are a few states that consider DUI and DWI to be separate charges. New York, for example, does not use the term DUI. Drivers in New York can be charged with either a DWI or DWAI. A DWAI is when a driver’s BAC does not reach 0.08% but is between 0.05% and 0.07%. DWAI charges can also include illegal substances. If you were driving under the influence of drugs at the time, you could be charged with a DWAI-Drug conviction. Mario Gallucci defends those charged with DWI in both New York and New Jersey, and different states often view these charges in different ways. 

DWI in New York

The State of New York has several different DWI-related charges, which depend upon the driver’s BAC level or whether they were driving while impaired by both drugs and alcohol. DWAI (driving while ability impaired) is considered to be a less severe offense than DWI, but both types of cases will still require expert legal counsel. New York is also home to a Zero Tolerance Law, which applies to those under the legal drinking age of 21 and can result in the loss of a license for at least one year. In general, penalties for DWI in NY depend on your age, the substance related to impairment, and how many times you have committed the offense. 

DUI in New Jersey

In New Jersey, a driver can be prosecuted for driving while impaired or under the state’s “per se” laws. These laws concentrate specifically on BAC, regardless of how alcohol affects each driver individually. NJ also has several other DUI-related charges, including marijuana DUI, commercial DUI, prescription drugs DUI, and more. The state requires the installation of an ignition interlock device (IID) if a person’s BAC is at or above a certain level. Penalties for DUI in NJ are handled on a case-by-case basis but increase in severity with each violation. However, DUI in NJ is considered a traffic violation, not a misdemeanor or a felony. 

To be charged with a DWI, the police must identify whether or not you have consumed alcohol and how much you have consumed through observation, field sobriety tests, or preliminary alcohol screening (PAS). The PAS is a pre-test to determine an arrest, and if the driver is found to be intoxicated, the police will proceed with the arrest. After an arrest occurs, you will be required to take a chemical test to determine the amount of alcohol in your system. This is mandatory under the implied consent laws, which every driver in the United States automatically agrees to once they receive their driver’s license.

Refusal to take the chemical test can result in punishment. For example, your license can be suspended for one to two and a half years, or even permanently revoked depending on whether it’s your first, second, or third offense. The police will confiscate your driver’s license and provide you with a temporary driving permit paper that expires on the court appearance date. An ignition interlock device (IID) will also be installed in your vehicle as a condition of probation or conditional discharge.

Penalties for DWI charges depend on your age, the substance impairing you, and the number of times you’ve committed the offense. In all states, a first-offense DWI is considered a misdemeanor. If charged, you may be ordered to pay a mandatory fine of $500 to $1,000, serve up to six months or one year of jail time, and have your driver’s license revoked for at least six months. No matter if you are a first, second, or third time DWI offender, you will be required to pay a driver responsibility assessment of $250 a year for three years. Additionally, you will have to install and maintain a functioning ignition interlock device on the vehicle you operate during the term of probation or conditional discharge.

Penalties for Second and Third DWI in NY

A second-time DWI offense within 10 years is classified as a felony. If charged, you may be ordered to pay a mandatory fine of $1,000 to $5,000, serve at least a four-year jail term, and have your driver’s license revoked for at least one year. A third-offense DWI is also classified as a felony. If charged, you may be ordered to pay a mandatory fine of $2,000 to $10,000, serve at least seven years of jail time, and lose your license for at least one year.

Learn more about DWI and what cases in both New York and New Jersey entail. It can be difficult to understand the intricacies of legal cases in any state, but The Gallucci Law Firm will diligently protect your rights.

New York has imposed strict laws regarding drunk driving, and being convicted of a DWI can be a confusing and complicated time. Mario Gallucci is a devoted criminal defense attorney at The Gallucci Law Firm, who realizes how stressful criminal cases can be. He has won some of the most difficult and high-profile cases in New York, New Jersey, and the Federal Courts, bringing over 30 years of experience to every case he oversees. With his expertise and knowledge of criminal defense, Mario will work to protect your rights and help get you justice. Contact The Gallucci Law Firm today to schedule a consultation and to meet your new legal advocate.

The Gallucci Law Firm provides legal support for the following areas in New York and New Jersey: