If you or someone you know has been arrested for Driving While Intoxicated (DWI), the law offices of Gregory Choalkis can help you understand your options and prepare you for what to expect.

In New York State, there are several separate and distinct offenses that penalize drivers for operating a motor vehicle while under the influence of drugs and/or alcohol. Over the past twenty years, public attitudes towards those who commit such offenses have changed dramatically, and the technologies employed by law enforcement have evolved as well. As a result, the penalties have become more severe, and the defense of such charges has become more complicated.

If you are facing charged with one of these offenses, you should consult and retain an experienced attorney well versed with the facts, the science, police tactics, and the laws and regulations that regularly come into play. If you are facing D.W.I. charges, you should know that there are several statutes which can call for the suspension of your driver’s license before you have been convicted of anything. The “Prompt Suspension Law” calls for the suspension of the license of a driver who is charged with DWI and who is alleged to have had a BAC of .08% or more at the time of their arrest. Also, if you are alleged to have refused to take a blood or breath test, or if you have certain prior convictions, the Judge may suspend your license.

Suspension pending prosecution generally takes place at the driver’s first court appearance, known as the arraignment. The presumption of innocence does nothing to help such a defendant, and such suspension can go on for as long as the case is pending or even beyond. Depending on the facts of your case, there may be ways to avoid this penalty, so if you are able, it is important to consult an experienced DWI attorney before you go to court.

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Driving While Ability Impaired by Alcohol (DWAI)

DWAI is the lowest-level offense of all of the ‘driving under the influence’ charges in New York State. This offense is committed when the driver has consumed alcohol such that they have impaired, to any extent, the physical and mental abilities one is expected to possess in order operated a motor vehicle as a reasonable and prudent driver. Although DWAI is a traffic infraction, not a crime, it is important to note that it still carries the potential for some serious consequences and should not be taken lightly.

DWAI is a lesser charge that prosecutors often offer as a plea bargain for the more serious charge of DWI. While it is common for a first-time offender charged with DWI to receive an offer to plead guilty to the lesser charge of DWAI, it is important to note that this is certainly not a sure thing. Many prosecutors will not freely offer to make such an offer if there is some aggravating factor in the case. For example, if the person has a Blood Alcohol Content (B.A.C.) over a certain level (e.g., .15%), refused a lawful request to take a blood or breath test, gave the police a hard time, or was involved in an accident, you will often find a prosecutor who wants the defendant to plead guilty to misdemeanor charge of D.W.I.

If you are convicted of DWAI as a first-time offender, the penalties include:

• ∙ Up to 15 days in jail;
• ∙ A fine of between $300 and $500, a surcharge of $255, and a driver responsibility assessment of $250 per year for 3 years;
• ∙ Suspension of your driver’s license for 90 days (unless you are under 21, in which case your license will be revoked for a year);
• ∙ Attendance at the Victim Impact Panel;
• ∙ It is important to note that, as a first-time offender, you will most likely be eligible for a conditional license for the duration of your suspension.

Driving With B.A.C. of .08% or Greater