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What Is Dwi?

In New York, the law is getting increasingly more strict with individuals convicted of drunk driving. If you have just been arrested for Driving While Intoxicated (DWI) for the first time, you may feel uncertain about the resulting court proceedings. DWI law in New York can be quite complex. Furthermore, the stakes are high ­even as a first time offender, you may face hefty fines, probation, revocation of your license and a dramatic rise in your automobile insurance rates. You may even be sentenced to some jail time. Therefore, it is important to hire a defense attorney who has experience in this area of law.

Other New York Drunk Driving Defense FAQs

  • Q: What Is The Drunk Driving Law In New York?
    A: New York State DWI Law is governed by section 1192 of the Vehicle and Traffic Law. Section 1192­3 addresses the "common law" theory of DWI based on the police … More
  • Q: What Are The Penalties For Felony Dwi?
    A: A person charged with DWI who has a prior DWI conviction within 10 years faces felony DWI charges which carries a potential maximum jail sentence of up to 4 years.
  • Q: What Are The Elements Of Dwi?
    A: The critical elements of a DWI conviction are as follows: driving or operating a motor vehicle on a road or highway while having a Blood Alcohol Content (BAC) … More
  • Q: What Is "bac"?
    A: A DWI conviction depends on a test of your Blood Alcohol Content. Unfortunately, often times a person is not even the slightest bit aware of what his or her BAC is … More
  • Q: How Is Bac Tested?
    A: Your BAC will be tested either through a Breathalyzer test, urine test or direct withdrawal of your blood. Although you may not have the right to dictate the terms of … More
  • Q: What Is The Difference Between "driving" And "operating"?
    A: An experienced attorney will also examine whether it can be argued that you were not "driving" the vehicle prior to your arrest. Some states use the word "driving" in … More
  • Q: What If I Was Not Driving On A Roadway?
    A: Your attorney may also raise the argument that you were not driving a "motorized vehicle" as intended by the applicable laws in your state. For example, although … More
  • Q: Can I Refuse To Take A Test?
    A: There is no constitutional right to refuse a breath or chemical test to determine the level of alcohol in your body. You are deemed to consent just by the act of … More
  • Q: What If I Refuse To Take A Test?
    A: Refusing to take the test has its consequences: your license can be revoked merely for the refusal (even if you're perfectly sober); your refusal may be admissible as … More
  • Q: Are There Times When I Should Not Take A Test?
    A: If you were involved in a serious accident or have prior drunk driving arrests, it may be advisable not to take the test and endure the revocation rather than provide … More
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