What is Aggravated DWI in New York State?

Aggravated DWI in New York State refers to a severe form of driving while intoxicated (DWI) offense involving a significantly high blood alcohol concentration (BAC) or the presence of other aggravating factors.

What constitutes an elevated BAC for Aggravated DWI?

In New York, a BAC of 0.18% or higher is considered an elevated BAC for Aggravated DWI. This is more than twice the legal limit for regular DWI.

What are some aggravating factors for Aggravated DWI?

Aggravating factors can include prior DWI convictions within the past 10 years, driving with a suspended or revoked license, and the presence of minors (under 16 years old) in the vehicle.

What are the potential penalties for Aggravated DWI?

Penalties for Aggravated DWI can include fines ranging from $1,000 to $2,500, a license revocation for at least one year, mandatory alcohol assessment and treatment programs, and potential jail time of up to one year.

Is Aggravated DWI a misdemeanor or a felony?

Aggravated DWI is typically classified as a misdemeanor in New York State, but multiple DWI convictions within a certain time frame can elevate the charge to a felony.

Can Aggravated DWI lead to a criminal record?

Yes, an Aggravated DWI conviction will result in a criminal record, which can have various long-term consequences, including impacting employment and housing opportunities.

Can I refuse a breathalyzer test for Aggravated DWI?

Refusing a breathalyzer test in New York can result in penalties, such as an automatic license suspension and fines, even if you are later found not guilty of DWI. This is due to New York’s implied consent law.

Are there any mandatory jail terms for Aggravated DWI?

Yes, in New York, a conviction for Aggravated DWI can lead to mandatory jail time of up to one year, particularly if it’s a repeat offense or if other factors are present.

Can I plea bargain an Aggravated DWI charge to a lesser offense?

Plea bargaining is possible in some cases, but due to the serious nature of Aggravated DWI, prosecutors might be less inclined to offer favorable plea deals. Consult with an attorney to understand your options.

How can an attorney help with an Aggravated DWI case?

An experienced attorney can assess the details of your case, challenge evidence, explore potential defenses, and guide you through the legal process. They can work to minimize penalties, protect your rights, and aim for the best possible outcome.

Drug-Related Offenses

COMPREHENSIVE DWI DEFENSE

Expert legal support for all DWI-related cases.

Our DWI legal services teams provide you with insight and guidance on hundreds of DWI issues. Trust us to navigate your case with expertise and dedication.

Driving While Ability Impaired by the Use of a Drug

Driving While Ability Impaired (DWAI) is a traffic infraction in New York State. It is a lesser offense than Driving While Intoxicated (DWI) but still carries significant penalties, including fines, jail time, and license suspension.

DWAI: Drugs/Alcohol Combination

DWAI: Drugs/Alcohol Combination is a traffic violation in New York State that occurs when a person operates a motor vehicle while their ability to do so is impaired by the combined influence of drugs and alcohol. This can include prescription drugs, over-the-counter medications, illegal drugs, and alcohol.

Felony DWAI: Drugs

In New York State, DWAI (Driving While Ability Impaired) by drugs is a serious criminal offense that involves operating a motor vehicle while under the influence of drugs or a combination of drugs and alcohol, to the extent that it impairs your ability to drive safely. DWAI: Drugs is distinct from a standard DWI (Driving While Intoxicated) charge, which typically pertains to driving under the influence of alcohol. DWAI: Drugs charges specifically focus on the influence of drugs on a person’s ability to drive safely.

Felony DWAI Drugs/Alcohol

A person can be charged with a Felony DWAI Drugs/Alcohol charge if they are convicted of a second DWAI Drugs or DWAI Alcohol offense within 10 years of a prior conviction for either offense.

Driving While Ability Impaired by the Use of a Drug

DWAI: Drugs/Alcohol Combination

DWI Chemical Test Refusal

In New York State, drivers are considered to have given their consent to take a chemical test (breathalyzer, blood, or urine) when they operate a motor vehicle on public roads. This is known as the “Implied Consent” law. If you are arrested for a DWI, the police officer will ask you to take a chemical test. You have the right to refuse the test, but there are serious consequences for doing so.

Felony DWAI: Drugs

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.

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.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state.

Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

If you or a loved one has been charged with a DWI or any other driving offense, contact the DWI TEAM. We will carefully examine the specifics of your case, and if we do not feel we can help you, we will not take any money.

We are dedicated to reducing or dismissing your charges. Contact us today for a FREE case analysis.

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.

The attorneys that represent the DWI TEAM have also fostered and developed a professional relationship with the judges, court staff, and prosecutors of each courthouse.

Backed by our Best Price Promise

With a FREE consultation and our Best Price Promise – we are your unbeatable choice. We offer payment plans as low as $500 down and work closely with our clients to ensure you can afford quality representation. If we don’t believe we can help, we won’t take any money.

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.

With over 300 reviews and 5-star ratings, discover why 99% of our clients would recommend us.

This team responded right away, came up with a plan and acted on it right away. Very reasonable and flexible with payment plans and very understanding with my situation if I was in a bind with finances. You can tell they actually want to help you. Highly recommend!

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.

Dealing with a DWI charge is something I wouldn’t wish on anyone. Luckily, for me the DWI Team made a bad situation a lot more manageable. They know their stuff when it comes to different types of charges. I was in the thick of a DWI – and their Syracuse DWI Attorneys had my back, helping me get my life back on track, and I owe it to these guys.

If you ever find yourself in a situation like this it can be very overwhelming. Top shelf defense counsel with a network and advisory team is exactly what you will need. You will find all of this and more with The DWI Team! My family and I can’t thank you enough for the hard work and effort your team put in to get us the best possible outcome! Highly recommend The DWI Team to anyone!

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.

Our client faced a DWI charge with a BAC of .27, potentially resulting in a lifelong criminal record. Our attorneys challenged the legality of the stop, arguing it was based solely on a welfare check. The officer admitted there were no traffic infractions. The judge ruled the stop invalid, suppressing all evidence and dismissing the case.

Our client, with prior DWI charges, was arrested after an off-duty officer suspected intoxication. Initially facing 1-3 years in state prison, our attorneys found inconsistencies in the evidence. They negotiated a plea deal for straight probation, allowing the client to avoid jail time and maintain employment.

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 Does DWAI Mean?

DWAI stands for “Driving While Ability Impaired.” In New York, it refers to operating a vehicle while your ability to drive is impaired by alcohol or drugs, but with a blood alcohol concentration (BAC) between 0.05% and 0.07%, which is below the DWI threshold of 0.08%. A DWAI is a lesser charge than a DWI but still carries penalties such as fines, possible jail time, and license suspension.

How Long Does a DWAI Stay on Your Record?

In New York, a DWAI (Driving While Ability Impaired) conviction stays on your driving record for 10 years. However, like a DWI, the criminal conviction can remain on your permanent record indefinitely. While the penalties for DWAI are less severe than for DWI, it can still impact insurance rates and employment opportunities. Expungement is generally not available for DWAI convictions in New York, though some offenses may be eligible for sealing under certain conditions.

How Many Points Is a DWAI in NY?

In New York, a DWAI (Driving While Ability Impaired) does not result in points on your driving record, as it’s considered a traffic violation rather than a moving violation subject to the points system. However, a DWAI conviction still carries serious penalties, including fines, potential jail time, and a driver’s license suspension. While it may not add points, it will remain on your driving record for 10 years and can affect your insurance premiums and driving privileges.

DWAI Which You May Be Convicted of in New York if You Have a Bac of Between .05 and .07 Stands for?

DWAI, which you may be convicted of in New York if you have a BAC between 0.05% and 0.07%, stands for “Driving While Ability Impaired.” It indicates that your ability to operate a vehicle is impaired by alcohol, even though your BAC is below the legal limit for a DWI (0.08%). While it’s a lesser offense than DWI, it still carries penalties such as fines, potential jail time, and a license suspension.

What Does DWI Stand for in Relation to Alcohol Consumption?

In relation to alcohol consumption, DWI stands for “Driving While Intoxicated.” It refers to operating a motor vehicle with a blood alcohol concentration (BAC) at or above the legal limit, which is 0.08% in most states, including New York. A DWI charge indicates that the driver’s ability to safely operate the vehicle is impaired by alcohol, leading to serious legal consequences such as fines, license suspension, and potential jail time.

If you have any other questions, please contact us at 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.

Drug-Related Offenses

COMPREHENSIVE DWI DEFENSE

Expert legal support for all DWI-related cases.

Driving While Ability Impaired by the Use of a Drug

DWAI: Drugs/Alcohol Combination

Felony DWAI: Drugs

Felony DWAI Drugs/Alcohol

Driving While Ability Impaired by the Use of a Drug

DWAI: Drugs/Alcohol Combination

DWI Chemical Test Refusal

Felony DWAI: Drugs

Snowmobiling While Ability Impaired

Snowmobiling While Ability Impaired by the Use of a Drug

Proven Team that Provides Results Through Advocacy

CHOOSING THE DWI TEAM

What our clients say

Our results

Get your free case analysis

Frequently Asked Questions

If you have any other questions, please contact us at info@dwiteam.com

Get Your Free Case Analysis

Backed By Our Best Price Promise

Quick Links

Form Submissions