Different DWI Violations
Depending on how much alcohol is in your system, you could be facing harsher penalties than the standard DWI. There are different DWI violations based upon your BAC level. For expert DWI defense, please contact the Law Offices of Carl Spector today to arrange a free consultation.
Different DWI Violations | DWAI
Driving While Ability Impaired refers to a BAC level of more than .05 and up to .07 percent, or other evidence of impairment. For drivers of commercial motor vehicles who are under age 21, a .02 BAC level or other evidence of impairment will result in a DWAI.
In New York, one is ordinarily charged with both a DWI/DUI (driving while intoxicated) and a DWAI (driving while ability impaired). The reason that prosecutors do this is because a DWAI is what we call a lesser included offense. However, a DWAI is not a crime. It is a traffic infraction. The consequences of driving while ability impaired are not as severe as driving while intoxicated.
Different DWI Violations | Aggravated DWI
Aggravated drunk driving is a charge given to motorists in New York when they have a blood alcohol level of .18 or higher. The potential penalties are also more severe. You will have a minimum fine of $1,000 and up to $2,500, a maximum jail sentence of up to 1 year, and your license will be revoked for a year. Plea bargaining becomes more complicated because these charges are treated more seriously. That’s why it is important to hire an experienced New York DWI lawyer that can personally work your case.
Different DWI Violations | Felony DWI
If you have a DWI in the state of New York and you had a prior DWI conviction in the state of New York in the past 10 years, the prosecutor may enhance your case to a felony. In such a situation, it will be presented to the grand jury. While you have the right to testify in the grand jury, in many instances individuals choose not to. You will be prosecuted in the Supreme Court on a felony. There are enhanced penalties for felonies in the State of New York for DWIs. Those cases are incredibly grave. There is potential for state jail time, long terms of probation and long terms of having to install an ignition interlock device.
For top tier legal representation against a felony DWI charge in New York, contact experienced New York felony DWI lawyer Carl Spector for a free, confidential consultation. Attorney Spector utilizes his knowledge and 30+ years of experience to build a strong legal defense. He offers a free no obligation consultation to all DWI clients in New York and will answer any questions you may have. Contact him today and let him help defend your freedom.