Frequently Asked Questions

What is DWI?

DWI stands for Driving While Intoxicated and is an umbrella term which refers to offenses related to operating a motor vehicle while affected by a substance such as alcohol. Such offenses are commonly charged under VTL § 1192.1, 1192.2, 1192.3, and/or 1192.4.

What, exactly, am I charged with?

Call our office and we can look up your case and tell you over the phone.

The police never read me my rights. Do they have to?

Not necessarily. However, this failure to read you your Miranda rights may help your case. Call our office to schedule a case evaluation so that we can advise you on this important issue.

What is the difference between DWI and DUI?

They are interchangeable terms that seek to describe offenses relating to operating a motor vehicle while affected by a substance such as alcohol. In many states, DWI is called DUI. In New York, DWI is the proper reference.

What is the difference between a misdemeanor and felony DWI?

A lot. Misdemeanors, generally, are punishable by up to 1 year in jail. Felony DWI is punishable by up to 4 years for the least serious type.

What is the difference between DWI and DWAI?

DWI usually means that you are charged with a misdemeanor such as VTL 1192.2 or VTL 1192.3 which is punishable by up to 1 year in jail. DWAI refers to Driving While your Abilities are Impaired which is charged as VTL 1192.1 and is punishable by up to 15 days in jail.

Will I go to jail?

You might face incarceration for any DWI conviction even if its your first offense. With a skilled DWI lawyer defending you, you can greatly reduce this risk. The nature of the penalties that you may face depends greatly on the facts and circumstances of your case. No single circumstance controls though. For example, even if your BAC is low, you may face serious consequences if the other circumstances of your case are not in your favor.

What is BAC?

BAC stands for “blood alcohol concentration” which is the percentage of alcohol present in your blood as measured (usually) by a breathalyzer test. The legal limit in New York is 0.08. Even if your BAC is under 0.08 but greater that 0.01, you may still be arrested and prosecuted under a DWI related charge.

Will I lose my license?

Not necessarily. When your arrested for DWI, your privilege to drive in New York may be suspended pending prosecution which means suspended while your DWI case is pending. If you refused to take the breathalyzer, you may face a 1 year suspension simply for refusing. If convicted, you may face an additional suspension or revocation. we may be able to significantly reduce resulting hardship to you by avoiding some or all of these suspensions or revocations or by applying other legal remedies.

What is an arraignment?

An arraignment, generally, is your first court appearance which occurs immediately after your arrest. At your arraignment, you will be informed about your charges, bail will be considered, your license may be suspended pending prosecution, and a future court date may be set for you to hire a lawyer and/or for pretrial litigation.

Should I take my case to trial?

Our DWI Lawyers will explore all possible defenses that exist in your case and give you an honest assessment of your chance of success at trial. We carefully prepare each case as if it were going to trial and we are ready to try your case if you elect this option. Not only does this strategy give you more time to make the decision, it also allows for the best possible outcome even if you choose not to go to trial.

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