New York DWI Attorney
DWI Offenses in New York
New York DWI laws are charged under the Vehicle & Traffic Law (VTL) § 1192. The consequences and penalties you are facing depend upon which subsection of VTL § 1192 that you are charged with.
If you are charged with any of these crimes you do not want to find yourself in this situation alone. If someone is injured or worse you could be charged with vehicular manslaughter. It is important that you have an attorney available who can give you advice immediately. Troy A. Smith is an experienced criminal defense attorney with over 25 years of litigation and appellate experience as a Former New York City Prosecutor, and a criminal defense counsel in the United States Army.
Driving While Ability Impaired (DWAI)
The offense of Driving While Ability Impaired under VTL 1192 § (1), the least severe of the offenses under this statute, is a violation and not a crime. VTL 1192 (1) prohibits a person from operating a motor vehicle while the person’s ability to operate the vehicle is impaired by the consumption of alcohol. This charge is usually filed when an individual has more than .05 of one per centum but less than .08 of one per centum of alcohol in the person’s blood, as shown by chemical analysis of such person’s blood, breath, urine or saliva, or when evidence is not sufficient to charge a person with DWI. For a first time offense, which is considered a violation, the penalty is a fine of between $300 to $500, or 15 days in jail, or both. Penalties increase for those who have prior convictions. License suspension and revocation may also apply.
Driving under the Influence (DUI)
VTL Section 1192 (2), Driving under the Influence (DUI) is the most common type of drunk driving offense charged in NY. A conviction under VTL 1192(2) does place a misdemeanor on the criminal record of the driver. VTL § 1192 (2) (DUI) prohibits a person from operating a motor vehicle while such person has .08 of one per centum or more of alcohol in the person’s blood, as shown by chemical analysis of such person’s blood, breath, urine or saliva. For a first time offense, which is deemed a misdemeanor, the penalty is a fine of $500-$1,000 or up to one year in prison, or both. Penalties increase for those who have prior convictions. License suspension and revocation may also apply
Aggravated Driving While Intoxicated (DWI)
VTL § 1192 (2-a) Aggravated Driving While Intoxicated, Per se takes place when a driver operating a vehicle “while such person has .18 of one per centum or more by weight of alcohol in such person’s blood, breath, urine or saliva.” This is a misdemeanor, punishable by a fine of “not less than $1,000 nor more than $2,500” or a maximum jail term of up to one year, 3 years probation or a combination of all three. License revocation will apply.
New York DWI Attorney
It is important that you understand what you are facing when you are charged with a DWI. Some of the language and procedures can be confusing and it will be very important that you have a Criminal Defense Lawyer to represent you.
Troy A. Smith brings over 24 years of qualified and highly competent litigation and appellate experience to the table. As a criminal defense counsel in the United States Army, and a former New York City homicide prosecutor, Mr. Smith has served as lead counsel on over one hundred trials on the criminal charges of armed robbery, aggravated assault, murder, vehicular homicide, manslaughter, aggravated sexual offenses, and more. In addition, Mr. Smith is held as a subject matter expert in litigating the coercive interrogation techniques employed by law enforcement which may lead to a false confession.