DWI / DWAI / DUI Charges
In New York, there are different charges a defendant may be facing based on several factors. If your BAC, blood alcohol content, was greater than .05 but less than .08, you may be charged with DWAI, violating VTL 1192(1), which is a traffic infraction and not a crime. If your blood alcohol content was 0.08 or more you will likely be be charged with DWI. DUI is often charged when it is alleged that the operator of a motor vehicle upon a public road or highway is under the influence of drugs. Aggravated DWI may be charged when an individual operates a motor vehicle while having 0.18 of one per centum or more by weight of alcohol in their blood as shown by a chemical analysis of such person's blood, breath, urine or saliva.
Recent changes in DWI and related laws have made these charges much more serious - and the associated penalties tougher. Some of these changes include the creation of the crime known as Aggravated DWI, which is an Unclassified Misdemeanor; the creation of the crimes of aggravated vehicular assault and aggravated vehicular homicide; an increase in the penalties for refusal to submit to a chemical test; an increase in the scope of the Ignition Interlock Device program; and the often required completion of the Drinking Driver Program, known by the acronym, DDP. Further, prior convictions act as a predicate for felony treatment - when a person operates a motor vehicle in violation of VTL 1192(2) , VTL 1192(3) or VTL 1192(4) and has a prior conviction of VTL 1192(2) , 1192(3) or 1192(4) within the preceding 10 years, the pending charge shall be a Class E Felony.
Any person who operates a motor vehicle in the State of New York shall be deemed to have given consent to a chemical test of one or more of the following - breath, blood, urine or saliva for the purpose of determining the alcoholic and/or drug content of the blood, provided such test is administered at the direction of a police officer with respect to a chemical test of blood at the direction of a police officer:
(1) having reasonable grounds to believe such person to have been operating in violation of the VTL and with two hours after such person has been placed under arrest for any such violation; or
(2) within two hours after a breath test, indicates that alcohol has been consumed by such person and in accordance with the rules and regulations established by the police force of which the officer is a member.
If an accused refuses to submit to a chemical test, a DMV Refusal Hearing date will be given to a defendant at the Criminal Court Arraignment and the defendant's driving privileges are temporarily suspended pending the outcome of the DMV Hearing.