Category Archives: DUI

If you have been charged with and arrested for a New York DWI in Westchester, Rockland, Dutchess, Putnam, Orange or Ulster counties, your first interaction with the courts will be at your arraignment. An arraignment is not a trial in which evidence is produced and witnesses are called, but it is the first and very important step in due process

In most cases, a first DWI conviction is a misdemeanor. In New York, a misdemeanor is defined as an “offense…for which a sentence in excess of 15 days but not greater than one year may be imposed (New York State Penal Law, Article 10). A misdemeanor is a crime.” As such, any DWI carries stringent penalties, including fines and loss of driving privileges.

There have been several key pieces of legislation to New York’s Driving While Intoxicated (DWI). One of the more recent is the enactment in 2006 of a law regarding Aggravated DWI. While a blood alcohol content (BAC) of .08 will get you a DWI charge, if you are a repeat offender or register a BAC at or above .18, you will be facing the more serious charge of Aggravated DWI.

In 1910, New York became one of the first states in the U.S. to pass a DWI law. At that time, the general consensus was that a driver was considered drunk with a blood alcohol level (BAC) of .15 percent. Even then, prosecution was difficult as there was little in the way of scientific evidence. Today, a BAC of .08 percent or above is considered a DWI in most cases. There are exceptions, however, when a BAC of as little as .02 percent becomes a drunk driving offense. As of 1996, New York has a zero tolerance law.

There are few moments more stressful than being pulled over by a police officer and asked to take a breath or blood test. But is it appropriate for the police officer to make that request? The short answer is yes.

New York state law categorizes drunk driving into three offenses, depending upon the percentage of alcohol in your blood, or Blood Alcohol Content (BAC). Your BAC can be estimated in a breath sample or determined from a blood sample.

Driving While Intoxicated (DWI) convictions almost always include the revocation or suspension of your drivers’ license. Without the ability to drive, functioning in the modern world can become a logistical nightmare.

DUI, which is Driving Under the Influence of alcohol or drugs, is an offense in some states, but New York statutes do not make any reference to DUI. Instead, New York law divides the offense into three distinct categories, DWI, AGG-DWI, DWAI.