DUI lawyer at Desk

About Drunk Driving

Elise Acevedo Attorney at Law is a Long Island law office that handles DUI charges. Drivers driving under the influence is one of the leading causes of car accidents in the state of New York. With this reckless driving comes DUI or DWI charges. Some of the penalties include jail time and the revocation of your driver’s license. When it comes to the three terms regarding drunk driving, which are DWI, DUI and DWAI, there is a difference in how the penalties for these charges are received. Let’s take a closer look at these charges to see what differentiates them from one another.

DWI vs. DWAI vs. DUI

There are key distinctions in the court of law that lead to different end results when it comes to DWI, DWAI, and DUI.

  • DUI: DUI stands for “driving under the influence.” A DUI covers any case where the driver is impaired by not only alcohol, but any other mind-altering substance. This includes marijuana, heroin, and even some prescription drugs.
  • DWI: DWI stands for “driving while intoxicated.” A DWI is specifically related to those who drive while impaired by alcohol. The blood alcohol content of the driver with a DWI must be at least 0.08%, which is the legal limit in the state of New York.
  • DWAI: DWAI stands for “driving while ability impaired.” A DWAI is when the blood alcohol content of a driver is under the legal limit of 0.08%. However, there are other factors that are impairing the driver. This includes a combination of drugs and alcohol.
traffic ticket

What a Drunk Driver May Be Held Accountable for

A drunk driver may be held responsible for these common issues due to their actions:

  • endangerment of others
  • property damage
  • personal injury
  • pain and suffering
  • death

Our law office will examine the evidence and make sure the punishment fits the crime. If you believe the punishment is more than the crime or that the charges are incorrect, then we can review your case and be the DUI defense attorney you need on your side.

DUI vs Reckless Driving

One way to lower your DUI charges is to change those charges to reckless driving charges. Reckless driving is not the same thing as a DUI, or a DWI for that matter, so it imposes a less severe punishment as a result. In general, reckless driving is understood as driving without regard for the safety of others, which may or may not have alcohol as a factor. When you get charged with reckless driving, serving time in prison is unlikely. With a DUI or DWI charge against you, there is a good chance it comes with time in prison.

courtroom

DUI Arrest vs Conviction

If you were arrested for a DUI, it is not the same thing as being convicted for it. A DUI arrest happens when you are pulled over by a police officer and are removed from your vehicle due to impairment while driving. When an arrest happens, you are typically taken to the police station and registered. After the arrest occurs, you will either be given probation or charged with a conviction depending on the available evidence.

A conviction of a DUI only happens at the end of the court session. So, you may or may not be convicted of the charges brought before a judge based on the available evidence and the strength of your defense case. When this is the case, a suitable legal defense is likely required to fight the charges. This is when you seek a law office like ours. Elise Acevedo Attorney at Law will fight for you to get your charges lowered or dismissed.

Getting DUI charges dropped altogether is an unlikely scenario for most cases. However, it happens and is not out of the realm of possibility. However, there is also the ability to lower the chargers for lighter penalties. Our law office does everything we can in order to win your case, so having a skilled DUI defense attorney on your side can make it possible. Reach out to us today for a no-obligation consultation.