Commercial and Special Vehicles

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Commercial Vehicles: Per Se DWI

Commercial Vehicles: Per Se DWI charges in New York State are a specific category of Driving While Intoxicated (DWI) offenses that pertain to individuals who hold a Commercial Driver’s License (CDL) and are operating a commercial vehicle. These charges are characterized by a lower permissible blood alcohol content (BAC) limit than for non-commercial drivers.

Snowmobiling While Ability Impaired

Snowmobiling While Ability Impaired (SWAI) in New York State refers to the offense of operating a snowmobile while impaired by alcohol or drugs, to the extent that it impairs your ability to do so safely. In New York, the legal blood alcohol concentration (BAC) limit for operating a snowmobile is the same as that for operating a motor vehicle, which is typically 0.08%. If a snowmobiler’s BAC is found to be at or above this limit, they can be charged with SWAI.

Snowmobiling While Ability Impaired by the Use of a Drug

Snowmobiling While Ability Impaired by the Use of a Drug (SWAI-Drugs) is a serious offense in the state of New York that pertains to operating a snowmobile while under the influence of drugs. This offense is subject to the same legal framework as driving under the influence (DUI) for motor vehicles, but it specifically applies to snowmobiles. In New York, it is illegal to operate a snowmobile while impaired by the use of drugs, which can include both illegal narcotics and prescription medications if they impair a person’s ability to operate the vehicle safely.

Snowmobiling While Intoxicated

Snowmobiling While Intoxicated (SWI) in New York State is a legal term used to describe the offense of operating a snowmobile while under the influence of alcohol or drugs, which impairs your ability to operate the snowmobile safely. This offense is treated seriously in New York, given the potential dangers associated with impaired snowmobiling.

Boating While Ability Impaired (BWAI)

Boating While Ability Impaired (BWAI) is a charge in New York State (NYS) that pertains to operating a boat while impaired by alcohol or drugs, but without necessarily exceeding the legal blood alcohol concentration (BAC) limit associated with more serious charges like Boating While Intoxicated (BWI). This offense is a part of NYS’s efforts to enhance safety on its waterways and reduce the risks associated with impaired boating.

Boating While Ability Impaired by the Use of a Drug (BWAI-Drugs)

Boating While Ability Impaired by the Use of a Drug (BWAI-Drugs) in the state of New York is a legal charge that pertains to operating a boat while under the influence of drugs. Just like its counterpart for alcohol (BWI-Alcohol), BWAI-Drugs is designed to ensure the safety of individuals on the water by prohibiting the operation of a vessel when impaired by the influence of certain substances.

Boating While Intoxicated (BWI)

Aggravated DWI is a more serious charge than a regular DWI in New York State. It is defined as driving with a blood alcohol content (BAC) of 0.18% or higher. The legal limit for drivers 21 years of age and older is 0.08%. So, an aggravated DWI charge means that the driver was twice over the legal limit.

Circumventing an Interlock Device for Another

Circumventing an interlock device for another individual, also known as “Circumventing an Interlock Device for Another” charges in New York State, involves actions that undermine the effectiveness of an interlock device, typically required as part of a sentence for alcohol-related convictions like driving under the influence (DUI) or driving while intoxicated (DWI).

Circumvention of Interlock

In New York State, Circumvention of Interlock charges are governed by Vehicle and Traffic Law (VTL) Section 1198(9). This section makes it a Class A misdemeanor to:

Knowingly Renting Vehicle without Interlock

In New York State, “Knowingly Renting a Vehicle without an Interlock Device” pertains to legal charges associated with the use of ignition interlock devices (IIDs). IIDs are breathalyzer instruments installed in vehicles to prevent individuals convicted of certain alcohol-related offenses from operating a vehicle while under the influence of alcohol.

Soliciting Another to Circumvent an Interlock Device

“Soliciting Another to Circumvent an Interlock Device” charges in New York State (NYS) are a legal response to efforts by individuals who have been mandated to use an ignition interlock device due to prior driving under the influence (DUI) or driving while intoxicated (DWI) convictions to evade this requirement.

Use of Vehicle without Interlock

In the state of New York, the use of a vehicle without an interlock device when required is a serious legal offense. Interlock devices are typically mandated for individuals with certain alcohol-related convictions, such as driving under the influence (DUI) or driving while intoxicated (DWI).

Proven Team that Provides Results Through Advocacy

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

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Intimate knowledge of local courts

DWI laws apply universally to all courthouses in New York. However, every courthouse has its own culture and expectations about how a DWI case should be prosecuted and punished.

The local attorneys for the DWI TEAM have worked in courts throughout the counties in New York and have intricate knowledge of the culture, rules, and procedures prevalent in each courthouse. They know how to pitch their case and tailor a defense accordingly.

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Whole person approach

The attorneys with the DWI TEAM understand the stress involved in facing criminal charges. They particularly understand the complexities and complications of fighting a DWI case. For that reason, our attorneys are accessible to clients, answering their calls directly and promptly. Our staff provides moral and emotional support to clients at every stage of a DWI proceeding – from the inception of the case to post-conviction progress reports.

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I got caught for drinking and driving on a trip upstate. What an eye-opener that was. I knew I needed to put my life together after that but didn’t know how. I know some people in jail for the same charge. So I assumed that’s where I’d end up but thanks to the guys at DWI team, I got away from the situation with just a 2 point penalty on my license.

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Our client, a flight attendant, was charged with DWI and Driving with BAC over .08 after being stopped for speeding. With a BAC of .13 and failed sobriety tests, the case was complex, as a conviction could have cost him his job of 25 years. Our attorneys argued effectively, leading to the dismissal of all charges, preserving his record and employment.

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Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. With a career as a Corrections Officer at risk, our attorneys negotiated with the DA’s Office, offering valuable information for felony prosecutions. In exchange, the case was dismissed, leaving our client without a criminal record and his career plans intact.

Frequently Asked Questions

What Happens if You Get a DWI With a CDL?

If you get a DWI while holding a Commercial Driver’s License (CDL), the consequences are more severe than for non-commercial drivers. In New York, and most states, if you are convicted of a DWI:

Immediate CDL Suspension: Your CDL will be suspended for at least one year, even if you were driving your personal vehicle at the time of the offense.
Higher Standards: The legal limit for commercial drivers is lower—0.04% BAC, compared to 0.08% for non-commercial drivers.
Permanent CDL Revocation: A second DWI conviction typically leads to a lifetime disqualification from holding a CDL.
Additional Penalties: You will also face standard DWI penalties, such as fines, jail time, and additional suspensions for your regular driver’s license.
Losing your CDL can have significant consequences for your career, as it may prevent you from driving commercially again.

Can You Drink While Snowmobiling?

In New York, it is illegal to operate a snowmobile while under the influence of alcohol or drugs, similar to driving a motor vehicle. The legal blood alcohol concentration (BAC) limit for snowmobiling is 0.08%, and exceeding this limit can result in a Snowmobiling While Intoxicated (SWI) charge. Consequences include fines, possible jail time, and suspension of your snowmobiling privileges. Additionally, New York law enforcement regularly patrol snowmobiling areas and can administer sobriety tests if they suspect impairment.

When Are Snowmobiling Accidents Most Likely?

Snowmobiling accidents are most likely to occur under the following conditions:

At Night: Reduced visibility and increased risk of impaired driving make nighttime snowmobiling more dangerous.
During Weekends or Holidays: Increased recreational activity can lead to more congested trails and higher risk of collisions.
High Speeds: Excessive speed is a common factor in snowmobiling accidents, especially on unfamiliar or challenging terrain.
Poor Weather Conditions: Low visibility, heavy snow, or icy trails can increase the risk of losing control.
Alcohol Consumption: Many snowmobiling accidents are linked to impaired judgment and coordination due to alcohol consumption.
Riding with caution, avoiding alcohol, and paying attention to trail conditions can help prevent accidents.

How Dangerous Is Snowmobiling?

Snowmobiling can be dangerous if proper precautions aren’t taken. Risks include collisions with trees, other snowmobiles, or obstacles, loss of control on icy or rough terrain, and falling through ice on frozen lakes. Factors that increase the danger are excessive speed, poor weather conditions, and impaired driving due to alcohol. Snowmobile accidents can result in serious injuries such as fractures, head trauma, and even fatalities. However, snowmobiling can be made much safer by following safety guidelines, wearing proper gear (especially helmets), staying on marked trails, and avoiding alcohol.

If you have any other questions, please contact us at <a href="mailto:info@dwiteam.com" info@dwiteam.com

Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding Aggravated DWI in New York State.