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

DWI (Driving While Intoxicated) applies when your BAC is .08 or higher, or when the evidence shows you were intoxicated regardless of a test result. DWAI (Driving While Ability Impaired by alcohol) is a lesser charge based on impairment; a BAC above .05 and below .08 is often the evidence used to prove it. DWAI by alcohol is a traffic infraction, not a crime, but it still carries a fine of $300 to $500, a 90-day license suspension, and stays on your DMV driving record for 10 years. 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 revocation. 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 leads to a license suspension at arraignment and a DMV refusal hearing. If the DMV finds that you refused, your license is revoked for at least one year and you owe 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 offered as evidence at trial if you were clearly warned of its consequences and still refused.

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.

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Capital District DWI Lawyer

Operating a car, truck, motorcycle, motorboat, or jet ski while impaired by alcohol or drugs 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.

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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 with the experience 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 build the defense from what that review shows.

Potential Penalties

DWI Charge Levels in New York

Misdemeanor

First Offense DWI

Up to 364 days in jail
Fines of $500 to $1,000
Minimum 6-month license revocation

Class E Felony

Second DWI Within 10 Years

Up to 4 years in prison
Fines of $1,000 to $5,000
License revocation

Class D Felony

Third DWI Within 10 Years

Up to 7 years in prison
Fines of $2,000 to $10,000, plus state surcharges
License revocation of at least one year, and possible permanent revocation

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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.

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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.

Defending a Drunk Driving Charge

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 an experienced criminal defense lawyer.

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

After the Arrest: Your License, the Interlock, and Special Situations

The criminal charge is one part of a DWI case. The license suspension starts at arraignment, the DMV runs its own proceedings, and the sentence follows you into your car. These guides cover what happens next:

DWI Defense by Location

DWI cases are won and lost in the local courts where they are heard. Attorney DeLuca defends drivers in town and village courts across the Capital Region and the southern Adirondacks. Select your area for court-specific DWI defense information:

Saratoga County

Warren County

Montgomery County

Montgomery County DWI Defense

The Law Office of Andrew DeLuca also serves drivers in Glens Falls, Saratoga Springs, Amsterdam, and nearby areas throughout the NY Capital Region.

Frequently Asked Questions

DWI Questions

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