What is the difference between DWI and DWAI in New York?

DWI (Driving While Intoxicated) applies when your BAC is .08 or higher. DWAI (Driving While Ability Impaired) is a lesser charge for a BAC between .05 and .07. While DWAI is a traffic infraction rather than a criminal offense, it still carries fines, license suspension, and a permanent record. Both charges require experienced legal representation.

Can I lose my license for a first-time DWI?

Yes. A first-time DWI conviction in New York carries a minimum 6-month license suspension. If you refuse the chemical test, your license can be revoked for at least one year regardless of the outcome of your criminal case. An experienced DWI attorney can fight to protect your driving privileges.

What happens if I refuse a breathalyzer in New York?

Refusing a chemical test in New York triggers an automatic license revocation of at least one year and a $500 civil penalty under the state's implied consent law. This is a separate administrative action from any criminal charges. The refusal can also be used as evidence against you at trial.

Will a DWI show up on my permanent record?

A DWI conviction in New York becomes part of your criminal record and will appear on background checks. It stays on your driving record for 15 years. However, there are legal options to fight the charges or negotiate a reduction. In some cases, records may be eligible for sealing under New York's record sealing laws.

How can a DWI lawyer help my case?

An experienced DWI attorney can challenge the legality of the traffic stop, question the accuracy of field sobriety and chemical tests, negotiate with prosecutors for reduced charges, and represent you at DMV hearings to protect your license. Attorney DeLuca will investigate every aspect of your arrest to build the strongest possible defense.

Upstate New York highway at dusk — DWI defense across the Capital Region

DWI Attorney Saratoga Springs

Call Now To Speak With Me Immediately

518-245-9109 Free Consultation

Capital District DWI Lawyer

Operating a car, truck, motorcycle, boat, jet ski or any other mode of transportation while under the influence of drugs or alcohol violates New York law. Even if you only had a few drinks after work, you could face serious penalties if you are pulled over and charged with a DWI.

Charged with a DWI? Call Attorney Andrew DeLuca.

Free Consultation – your call will be answered by Mr. DeLuca
Voted Best Law Firm in Saratoga County
Experienced DWI Attorney in the greater Capital Region

Call Attorney Andrew DeLuca today for a free consultation.

Request A Free Consultation

Request Your Free Consultation

Andrew will respond to you personally. Prefer to call? 518-245-9109

Experienced DWI Lawyer

If you have been charged with DWI, it is imperative that you choose an attorney that can handle your case from the onset of the charges to a trial. Being charged with a DWI can be overwhelming. You need a criminal practitioner that has the expertise to guide you through this process and advise you along the way. As your Saratoga DWI attorney, Andrew will gather all the material information and give you an honest assessment of your case, so that you can make a sound decision on how to proceed forward.

The Law Office of Andrew DeLuca will investigate the manner in which your arrest was handled and aggressively defend against your drunk driving charge.

Potential Penalties

DWI Charge Levels in New York

Misdemeanor

First Offense DWI

Up to 1 year in jail
Fines up to $1,000
Minimum 6-month license suspension

Class E Felony

Second DWI Within 10 Years

Up to 4 years in prison
Fines up to $5,000
License revocation

Class D Felony

Third DWI Within 10 Years

Up to 7 years in prison
Heavy fines and surcharges
Permanent license restrictions

Need Help?

When you call you'll be connected directly to Mr. DeLuca, not a receptionist or junior associate.

518-245-9109 Free Consultation

“

Hired Andrew for a DWI case and he got it reduced. Very knowledgeable about the local courts and what to expect. He made a stressful situation much easier to deal with.

— James T

Google Review

Understanding DUI/DWI in New York

There is no legal difference between the two terms in New York State since there are no references in the NY law to DUI (driving under the influence). Therefore most criminal attorneys will refer to drunk driving cases as DWI (driving while intoxicated).

The types of drunk driving charges in New York State include:

DWI: BAC of .08 or more; .04 BAC or above for commercial drivers
Aggravated DWI: BAC of .18 or more
Driving while ability impaired (DWAI) by alcohol: .05 BAC or more but less than .07 BAC
DWAI: a single or combination of drugs (other than alcohol)
Chemical Test Refusal: Refusal of breath, blood or urine test
Zero Tolerance Law: .02 – .07 BAC for drivers under the age of 21

Don’t Face DWI Charges Alone

DWI and DWAI charges are not to be taken lightly. Whether you’re facing a first offense or a felony charge, it’s critical to hire a criminal defense lawyer who understands the local courts and knows how to fight these cases.

Aggressively Fighting Drunk Driving Charges

The Law Office of Andrew DeLuca will investigate every aspect of your case, including whether or not the officer had legal grounds to pull you over. Don’t face a DWI charge without a skilled and experienced criminal defense lawyer.

Call Mr. DeLuca today at 518-245-9109 to discuss your case for free.

The Law Office of Andrew DeLuca serves clients looking for DWI defense in Glens Falls, Queensbury, Clifton Park, Halfmoon, Ballston Spa, Saratoga Springs, Malta, Wilton, Amsterdam, and nearby areas in the NY Capital Region.

Frequently Asked Questions

DWI Questions

Experienced Representation In All Criminal Matters

Free Consultation Available Today

518-245-9109 Free Consultation