DWI Lawyer for Long Island Clients
As a trusted DWI lawyer on Long Island, our law office can help you with your DWI case. DWI stands for “driving while intoxicated.” In the state of New York, there are several distinctions made between different types of DWI-related charges, which includes DUI and DWAI.
Understanding the difference between DUI, DWI, and DWAI will help you better fight these charges and find a lawyer on Long Island that can help you with your case. If you need a lawyer for a DWI, then please contact us today. When you reach out, we can provide you with a free, no-obligation consultation to go over the legal issues you are facing.
New York Penalties for DWI Tickets
New York state’s penalties for DWIs vary depending on a few different factors. Most notably is the number of offenses for this type of ticket. Let’s break it down.
First Offense
When a person has a first DWI offense, there is a mandatory fine that ranges between $500 and $1000. No minimum jail time is required. The driver’s license is revoked for at least 6 months.
Second Offense
When someone has a second DWI offense within 5 years, then either 5 days in jail or 30 days of community service is required.
Third Offense
Lastly, if the 2 prior DWIs occurred within the past 5 years, there is a requirement of either 10 days in jail or 60 days of community service after a third offense.
New York Charging Laws
New York State has several laws that makes the determination for who to charge for a DWI case tricky. For example, New York is a no-fault state. This is normally for insurance purposes. However, it can also mean that some cases may result in a conclusion where “no one” is at fault.
On the flip side, parties other than the drunk driver can be held liable for an accident. Under this law, stores that sold the driver alcohol or adults who provide alcohol to those under the age of 21 may be held liable.
Due to these charging laws in New York, you may need a Long Island DWI lawyer on your side to help you win your case.
DWAI vs DUI/DWI Laws
DWI stands for “driving while intoxicated.” DUI stands for “driving under the influence.” And DWAI stands for “driving while ability impaired.” All three aspects fall under the same umbrella, however, the laws for DWAI and DUI/DWI vary in the state of New York. What this does is lead to confusing circumstances for those involved and require the need for a true DWI lawyer.
About DWAI Laws
A DWAI offense is notable because the charges can be customized according to what manner of intoxication you were under at the time of the arrest. For example, someone can be charged with DWAI-drugs if they were under the influence of drugs. And subsequently, these people can be charged with DWAI-alcohol if they were driving under the influence of alcohol. Depends on the situation.
In the state of New York, DWAI charges are, for the most part, less severe than a DWI charge. This is due to the fact that the BAC is lower for a DWAI charge. Typical convictions for a DWAI charge involve penalties like fines up to $1000, jail time for up to one year, three years of probation, and an automatic revocation of the driver’s license for at least six months. The penalties will increase with each subsequent DWAI charge resulting in a felony if you keep getting charged.
About DWI Laws
For DWI laws in the state of New York, they are almost exclusively used for driving while under the influence of alcohol. However, some other drug impairments can warrant this type of charge. On the whole, a DWI is more serious than a DWAI offense and carries a heavier penalty for most cases. For both DWI and DWAI charges, the more frequent the charges the steeper the penalties.
When it comes to penalties on the lower end, there are some similarities between a DWI and DWAI. However, a DWI is typically higher in terms of fines, jail times, and license revocation periods. On top of that, a DWI offender will be forced to install an engine interlock device on their car, which acts as a personal breathalyzer that connects to the car’s engine. In order to start the car, the driver must breathe into the interlock device. The slightest hint of alcohol will lock the engine. DWI convictions require the driver to use this device for at least one year.