DWI

Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs

These charges apply to individuals who are accused of operating a motor while intoxicated, or whose ability is impaired by the use of drugs or alcohol. These charges are divided into five major categories: (1) driving while impaired, (2) driving while intoxicated, (3) aggravated driving while intoxicated, (4) driving while impaired by drugs, and (5) felony driving while intoxicated or impaired by drugs.

In New York there are also consequences to an arrest and/or conviction for a DWI that affect your driver’s license, insurance rates, DMV costs, and may lead to an ignition interlock device on your vehicle. Many District Attorney Offices have specialized units with prosecutors who exclusively handle DWI cases. It is important that a person facing a DWI prosecution is represented by a criminal attorney who has experience with these cases. Dietrich P. Epperson has defended, investigated, and (as a former assistant district attorney) prosecuted DWI cases throughout New York City.

Driving While Ability Impaired (DWAI or “Impaired”)

Operating a motor vehicle while your ability is impaired by alcohol is a violation in New York. It is punishable by up to 15 days in jail, or a fine up to $500, or both. A conviction for this offense also triggers a 90-day driver’s license suspension. (The severity of the punishment increases after the first offense). Driving while ability impaired is most commonly charged when:

  • A person operates a motor vehicle with at least a .04% blood alcohol content, but less than .08%.

Driving While Intoxicated (DWI)

Operating a motor vehicle while intoxicated is a misdemeanor in New York. It is punishable by up to 1-year in jail, or a fine up to $1,000, or both. A conviction for this crime also triggers a 6-month driver’s license revocation, and the installation of an ignition interlock device. Driving while intoxicated is most commonly charged when:

  • A person operates a motor vehicle with at least a .08% blood alcohol content, but less than .18%, OR
  • A person operates a motor vehicle, the police suspect that he or she is intoxicated, and the person refuses to submit to an Intoxilyzer test.

Aggravated Driving While Intoxicated (Aggravated DWI)

Aggravated operating a motor vehicle while intoxicated is a misdemeanor in New York. It is punishable by up to 1-year in jail, or a fine up to $2,500, or both. A conviction for this crime also triggers a 1-year driver’s license revocation, and the installation of an ignition interlock device. Aggravated DWI is most commonly charged when:

  • A person operates a motor vehicle with at least a .18% blood alcohol content.

Driving While Ability is Impaired by Drugs

Operating a motor vehicle while your ability is impaired by drugs is a misdemeanor in New York. It is punishable by up to 1-year in jail, or a fine up to $1,000, or both. A conviction for this crime also triggers a 6-month driver’s license revocation. This crime is most commonly charged when

  • A person operates a motor vehicle while under the influence of drugs.

Felony Driving While Intoxicated – Prior Conviction (Felony DWI)

Operating a motor vehicle while intoxicated (when the driver has been convicted of a DWI or driving while under the influence of drugs) is a felony in New York. A felony DWI is punishable by up to 4 years in jail, or a fine up to $5,000, or both. A conviction for felony DWI also triggers a 1-year driver’s license revocation. This crime is most commonly charged when:

  • A person operates a motor vehicle while intoxicated, OR under the influence of drugs,
    AND

    • Has been convicted of driving while intoxicated, or convicted of driving under the influence of drugs, within the past 10 years.

DWI and DUI are serious charges.  Contact the law offices of Dietrich P. Epperson online, or call us today at (347) 561-0025 to arrange for a free, private consultation.