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Driving While Intoxicated (DWI)

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About Driving While Intoxicated (DWI)

What is DWI? Driving While Intoxicated in Albany New York

DWI means driving while intoxicated. Driving While Intoxicated (DWI) is a crime. DWI laws are strictly enforced in New York State. Penalties include loss of driving privileges, fines and possible jail time. Any amount of alcohol will affect your judgment and coordination and will reduce your ability to safely operate a vehicle.

When you drink alcohol, your judgment, coordination, and ability to drive a car can change. The level of impairment depends on five conditions.

The degree of impairment depends on five factors:

  1. The amount and quantity you drink
  2. The amount you have eaten before or while drinking
  3. Your body weight
  4. Length of time spent drinking
  5. Your gender

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Drivers can be charged with DWI/DUI if a law enforcement officer deems their driving to be “impaired”, meaning they are potentially under the influence of alcohol or drugs.

There is no fast way to become sober. The best way is to wait until your body absorbs the alcohol. On average, it takes about one drink per hour for your body to process the alcohol. However, there are some things you can do to speed up the process: drinking lots of water, eating healthy food, and getting some fresh air.

What are the alcohol and drug related violations in New York?

  • VTL 1192-1 DWAI
    Driving while ability impaired by alcohol.
  • VTL 1192-2 DWI
    Driving while intoxicated .08 BAC (blood alcohol concentration) or higher or other evidence of intoxication.
  • VTL 1192-3 DWI-REFUSAL
    Refusing to take a chemical test, such as a breathalyzer, for blood alcohol content shall result in license revocation and a civil penalty.
  • VTL 1192-4 DWAI/Drugs
    Driving while ability impaired by drugs other than alcohol.
  • VTL 1192-9 Zero Tolerance
    As of November 1, 1996, drivers under 21 who are found to be driving with any alcohol in their system (.02 to .07 BAC) may be charged with violating the Zero Tolerance Law.
  • VTL 1193-2f SUSPENSION PENDING PROSECUTION
    When a person is charged with V&T 1192-2 or 1192-3 and is alleged to have a BAC (blood alcohol content) of .08 or more at the time of arrest, their license is suspended pending prosecution. They may be entitled to a hardship license to allow them to drive to work, school or medical appointments.
DWI DUI which is worse - drunk driving
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The Penalties for DWI & DWAI in Albany

If you are convicted of driving while intoxicated or driving while ability impaired in New York, the penalties can include time in jail, fines and the loss of your driving privileges. For this reason, it would be a good idea to get help from a lawyer who has experience with DWI cases after a drunk driving arrest.

  • First DWI: 1 year in jail, $1,000 in fines and a 6-month suspension
  • First DWAI: 15 days in jail, $500 in fines and a 90-day suspension
  • Second DWI: 4 years in jail, $5,000 in fines and a 1-year suspension
  • Second DWAI: 30 days in jail, $750 in fines and a 6-month suspension
  • Third DWI: 7 years in jail, $10,000 in fines and a 1-year suspension
  • Third DWAI: 180 days in jail, $1,500 in fines and a 6-month suspension

DWI Charges - Why You Need a DWI Lawyer

DWI laws in New York are used to punish people for driving while impaired by alcohol. However, some other drugs can also lead to a DWI charge. This offense is more serious than a DWAI and usually comes with harsher penalties.

The penalties for a DWI are similar to the penalties for a DWAI, but they are usually higher. This includes fines, jail time, and license revocation periods. In addition, DWI offenders will have to install an engine interlock device in their car. This device requires the driver to blow into it before starting the car. If there is any alcohol on the driver’s breath, the car will not start. DWI offenders will be required to use this interlock device for at least one year. If you are convicted of DWI a second time, you will face harsher penalties, including potential felony charges.

WHAT TO DO IF YOU RECEIVE A DWAI Please call us today at 518-608-2499.

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Have you or a loved one received a DWI? Not sure where to turn next? The Team at DWI Lawyer Albany is equipped to make sure you have the best representation in and out of the courtroom. We will work around the clock  to get the fair outcome you deserve. Call our office in Albany, NY today at 518-608-2499 or contact us here.

01

One step ahead

Call us at 518-608-2499 or fill out the contact form above to receive a free consultation. We are 24 x 7 and you can speak with us right now! 

02

building your case

we will ask and review detailed questions, including discrete information such as health history and the specifics of your case.  We will collect data from you and the government to fully examine options.

03

achieving your goals

We will carefully review and work with you every step of the way  on your DWI, DWAI, and DUI case.   

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DWI Lawyer Albany is a law firm that helps people who are charged with DWI, DUI, and DWAI in the State of New York. Our office is located in Albany, NY and we focus solely on defending those charged with DWI. This makes us focused on helping people who are troubled by DWI and DUI charges.

Call 518-608-2499 - Available 24/7