Standard DWI Offenses

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Aggravated DWI

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.

Common Law DWI

A Common Law DWI charge in New York State (NYS) is a charge of driving while intoxicated, even if the driver’s blood alcohol content (BAC) is not at or above the legal limit of 0.08%. This type of DWI charge is often brought against drivers who refuse to take a breathalyzer test.

Per Se DWI

In New York State (NYS), a Per Se DWI (Driving While Intoxicated) charge is a specific type of drunk driving offense that is based on a driver’s blood alcohol content (BAC) level. This charge is separate from the common law DWI charge, which does not rely solely on BAC measurement but instead considers a person’s ability to operate a vehicle safely while under the influence of alcohol or drugs.

First Offense DWI Charge

There are a few factors that can affect the penalties for a first offense DWI charge, such as your blood alcohol concentration (BAC), whether you have any prior driving offenses, and whether you have a commercial driver’s license.

Aggravated DWI

Boating While Intoxicated (BWI)

BWI: Chemical Test Refusal

Boating While Intoxicated: Chemical Test Refusal charges in New York State are related to the act of operating a boat while under the influence of alcohol and refusing to submit to chemical testing to determine one’s blood alcohol concentration (BAC). In NYS, as in many other jurisdictions, operating a vessel while impaired by alcohol is considered a serious offense, and chemical test refusal is an associated charge.

Felony Aggravated DWI

In New York State, a Felony Aggravated DWI (Driving While Intoxicated) charge is a serious criminal offense related to driving under the influence of alcohol or drugs. It is considered more severe than a standard DWI charge and carries more significant penalties. Felony Aggravated DWI charges typically apply when certain aggravating factors are present, which demonstrate a higher level of impairment or a history of prior offenses.

<span data-metadata=""><span data-buffer="">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.

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Per Se DWI

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.

Snowmobiling While Intoxicated Chemical Test Refusal

Snowmobiling While Intoxicated Chemical Test Refusal (SWI-CTR) is a significant legal offense in New York State related to operating a snowmobile under the influence of alcohol or drugs. This offense shares similarities with driving under the influence (DUI) for motor vehicles but specifically applies to the operation of snowmobiles. In cases where a law enforcement officer has reason to suspect impairment, they may request a chemical test to determine blood alcohol content (BAC) or the presence of drugs. Refusal to submit to such a test can result in SWI-CTR charges, which come with their own legal implications and consequences.

Common Law DWI

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Frequently Asked Questions

Which Is Worse: DUI or DWI?

Both DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are serious offenses, but the severity can depend on the state’s definitions and penalties. In some states, DWI refers to a higher level of impairment, while in others, the terms are used interchangeably. Regardless, both can lead to severe legal consequences, including fines, license suspension, and potential jail time. It’s important to consult a lawyer to understand how these charges are treated in your jurisdiction.

What Does DWI Mean?

DWI stands for “Driving While Intoxicated.” It refers to the offense of operating a motor vehicle with a blood alcohol concentration (BAC) over the legal limit or while impaired by drugs or alcohol. The specific BAC threshold and penalties for DWI vary by state, but it is a serious criminal charge that can result in fines, license suspension, and possible imprisonment.

What Is a DWI Arrest?

A DWI arrest occurs when law enforcement officers have reason to believe a driver is operating a vehicle while intoxicated, typically based on field sobriety tests, breathalyzer results, or observed behavior. If the officer determines the driver is impaired, they can make an arrest, leading to criminal charges. This can result in a range of penalties, including fines, license suspension, and possible jail time, depending on the severity of the offense.

How Long Does a DWI Stay on Your Record in NY?

In New York, a DWI conviction typically stays on your driving record for 10 years. However, the criminal conviction may remain on your permanent record indefinitely. The long-term impact of a DWI can affect insurance rates, job opportunities, and eligibility for certain professional licenses. While expungement of DWI convictions is not possible in New York, some offenses may be sealed under specific circumstances. It’s advisable to consult a lawyer to explore your options.

What Does DWI Mean in Driving?

In driving, DWI stands for “Driving While Intoxicated.” It refers to operating a vehicle while impaired by alcohol or drugs, with a blood alcohol concentration (BAC) above the legal limit. In New York, the legal BAC limit is 0.08% for most drivers. A DWI charge can result in serious consequences, including fines, license suspension, and possible jail time, depending on the severity of the offense.

What are DWI Charges?

DWI charges are criminal accusations related to operating a vehicle while intoxicated by alcohol or drugs. In New York, these charges are typically brought when a driver’s blood alcohol concentration (BAC) exceeds the legal limit of 0.08%, or when a driver is impaired by drugs. DWI charges can result in severe penalties, including fines, license suspension, increased insurance rates, mandatory alcohol education programs, and even imprisonment. The severity of the penalties often depends on factors such as prior offenses, BAC level, and whether any injuries or property damage occurred.

What Is a DWI Level 5?

A DWI Level 5 is the least severe level of DWI sentencing in some states, such as North Carolina. It typically applies to first-time offenders with no aggravating factors, such as high blood alcohol concentration (BAC), injuries, or prior convictions. Penalties for a Level 5 DWI can include a fine of up to $200, a jail sentence of 24 hours to 60 days (which may be suspended with conditions like community service or alcohol education programs), and possible probation. The specific penalties can vary by state, so it’s important to consult a lawyer for details based on your jurisdiction.

What Does DWI Bac 0.15 Mean?

A DWI with a BAC of 0.15 means that the driver’s blood alcohol concentration was measured at 0.15%, which is nearly twice the legal limit of 0.08% in most states, including New York. A BAC of 0.15% often results in enhanced penalties due to the higher level of intoxication. These enhanced penalties may include larger fines, longer license suspensions, mandatory alcohol education programs, and potentially more severe criminal penalties, such as longer jail time. Elevated BAC levels can also lead to the classification of the offense as an aggravated DWI.

When Does a DWI Become a Felony?

A DWI becomes a felony when certain aggravating factors are present. In New York, a DWI is typically classified as a felony if:

It’s a second DWI conviction within 10 years.
There was a child passenger under 16 in the vehicle at the time of the offense (known as Leandra’s Law).
The DWI caused serious injury or death.
The driver has prior felony DWI convictions.
Felony DWI charges carry much harsher penalties, including higher fines, longer jail time, and extended license suspension or revocation.

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.