DUI, DWI, OVI?
DUI stands for driving under the influence. Some states use the term DWI, driving while intoxicated, instead of DUI. (DWAI, OVI, OWI) Their meanings are identical: they refer to a person driving while impaired by alcohol or drugs.
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DWI stands for Driving While Intoxicated and in the state of New York you can face penalties such as loss of driving privileges, fines and possible jail time if you are convicted of this crime. Alcohol can affect your driving because it impairs your judgment, coordination and ability to drive a vehicle safely.
Alcohol affects every person differently do to these five conditions:
1. The amount of alcohol you consumed
2. The amount of food you ate either before you drank or while you were drinking
3. How long you consumed the alcohol
4. Your body weight
5. Your gender
The average rate that a person’s body can process alcohol is about one drink per hour. In New York State, it is illegal to drive with a BAC (blood alcohol content) of .08 or higher; this is classified as a DWI. You will have to pay a fine of $500 to $1,000 and your license will be revoked for at least six months. You could also face a jail sentence of one year.
Here are more alcohol-related violations in New York State:
Aggravated DWI: Having a BAC of 1.8 or higher
DWAI: Having a BAC of .05 to .07 or having other evidence of impairment
Chemical Test Refusal: If you refuse to take a chemical test, your license will be revoked for at least 1 year and you will be fined $500 ($550 if you’re a commercial driver) to apply for a new driver’s license.
Zero Tolerance Law: If you are less than 21 years old and were found driving with a BAC of .02 to .07. You will be fined $125 and have to pay a $100 fee to terminate suspension. Your driver’s license will be suspended for six months.
If you are convicted of a second DWI within 10 years of your first violation, you must pay a fine of $1,000 to $5,000 and could face up to 4 years in jail. Your license will be revoked for one year. If you are convicted of a third DWI in 10 years, your fine will rise to $2,000 to $10,000 and you could face up to 7 years in jail. Your license will be revoked for at least one year.
The following are the New York State drug and alcohol related charges that can result in criminal and/or administrative penalties against the accused:
• DWI: Driving While Intoxicated; .08 BAC or higher, and/or other evidence of intoxication.
• Aggravated DWI: .18 BAC or higher.
• DWAI: Driving While Ability Impaired by Alcohol; .06 BAC to .07 BAC, and/or other evidence of impairment by alcohol.
• DWAI: Drug: Driving While Ability Impaired by the Use of a Drug (i.e., that is not alcohol).
• DWAI: Alcohol/Drugs: Driving While Ability Impaired by the Combined Influence of Drugs or Alcohol and Drugs.
• Zero Tolerance Law: The motorist is under 21 years old and possesses a BAC of .02 to .07.
• DWI Chemical Test Refusal: A motorist who refuses to submit to a chemical test (normally a test of breath, blood, or urine) will suffer a revocation of his or her driver’s license for at least one year, and will have to pay a civil penalty of at least $500 to the Department of Motor Vehicles.
• BWI: Boating While Intoxicated; .08 or higher, and/or other evidence of intoxication.
• BWAI: Boating While Ability Impaired by Alcohol; .06 BAC to .07 BAC, and/or other evidence of impairment by alcohol.
• BWAI-Drug: Boating While Ability Impaired by the Use of a Drug (i.e., that is not alcohol).
• BWI Chemical Test Refusal: A boater who refuses to submit to a chemical test (normally a test of breath or blood) will suffer a revocation of his or her boating privileges for at least six months, and will have to pay a civil penalty of at least $200.
• SWI: Snowmobiling While Intoxicated; .08 or higher, and/or other evidence of intoxication.
• SWAI: Snowmobiling While Ability Impaired by Alcohol; .06 BAC to .07 BAC, and/or other evidence of impairment by alcohol.
• SWAI-Drug: Snowmobiling While Ability Impaired by the Use of a Drug (i.e., that is not alcohol).
• SWI Chemical Test Refusal: A snowmobiler who refuses to submit to a chemical test (normally a test of breath, blood, or urine) will suffer a revocation of his or her snowmobiling privileges for at least six months, and will have to pay a civil penalty of at least $200.
First offense New York DWAI:
• A fine of no less than $300 and no more than $500.
• Possible jail time of up to 15 days.
• Loss of license for 90 days.
Second Offense New York DWAI Within 5 years:
• A fine of no less than $500 and no more than $750.
• Possible jail time of up to 30 days.
• Loss of license for at least 6 months.
Third Offense New York DWAI Within 10 years:
• A fine of no less than $750 and no more than $1,500.
• Possible jail time of up to 180 days.
• Loss of license for 90 days if previous violation occurred over five years ago, and loss of license for at least 1 year if it occurred within five years.
First offense New York DWI or DWAI-Drugs (i.e., no prior DWI convictions within 10 years):
• A fine of no less than $500 and no more than $1,000.
• Possible jail time of up to 1 year.
• Loss of license for at least 6 months.
Second Offense New York DWI or DWAI-Drugs Within 5 Years:
• A fine of no less than $1,000 and no more than $5,000.
• Mandatory jail time of at least 5 days or at least 30 days community service, or possible prison time of up to 4 years.
• Loss of license for at least 1 year.
Third Offense (Or More) New York DWI or DWAI-Drugs Within 5 Years:
• A fine of no less than $2,000 and no more than $10,000.
• Mandatory jail time of at least 10 days or at least 60 days community service, or possible prison time of up to 7 years.
• Loss of license for at least 1 year, ignition interlock device, and required alcohol evaluation.
Second Offense DWI or DWAI-Drugs Within 10 Years:
• A fine of no less than $1,000 and no more than $5,000.
• Possible prison time of up to 4 years.
• Loss of license for at least 1 year.
Third Offense (Or More) DWI or DWAI-Drugs Within 10 Years:
• A fine of no less than $2,000 and no more than $10,000.
• Possible prison time of up to 7 years.
• Loss of license for at least 1 year.
First Offense DWAI-A/D:
• A fine of no less than $500 and no more than $1,000.
• Possible jail time of up to 1 year.
• Loss of license for at least 6 months.
Second Offense DWAI-A/D:
• A fine of no less than $1,000 and no more than $5,000.
• Possible prison time of up to 4 years.
• Loss of license for at least 1 year.
Third Offense DWAI-A/D:
• A fine of no less than $1,000 and no more than $5,000.
• Possible prison time of up to 7 years.
• Loss of license for at least 18 months.
First Offense Aggravated New York DWI:
• A fine of no less than $1,000 and no more than $2,500.
• Possible jail time of up to 1 year.
• Loss of license for at least 1 year.
Second Offense Aggravated New York DWI Within 5 years:
• A fine of no less than $1,000 and no more than $5,000.
• Mandatory jail time of at least 5 days or at least 30 days community service, or possible prison time of up to 4 years.
• Loss of license for at least 18 months.
Third Offense (Or More) New York Aggravated DWI Within 10 years:
• A fine of no less than $1,000 and no more than $5,000.
• Mandatory jail time of at least 10 days or at least 60 days community service, or possible prison time of up to 7 years.
• Loss of license for at least 18 months.
First Offense New York Zero Tolerance:
• Minimum $125 civil penalty payable to DMV.
• Loss of license for 6 months.
• $100 suspension termination fee.
Second Offense New York Zero Tolerance:
• Minimum $125 civil penalty payable to DMV.
• Loss of license for at least 1 year or until 21 years old, whichever is longer.
• $100 license re-application fee.
Note that three or more alcohol or drug-related driving incidents (i.e., convictions, or findings of Zero Tolerance violations, or findings of refusals) within four or eight years, depending, can result in a permanent revocation of your New York State driving privileges.
DWI is an incredibly technical field – in terms of the law, in terms of the fact pattern associated with each DWI case, in terms of the science involved, and in terms of how the DMV and criminal justice system treats it. Because of this, you need a lawyer who is current with ever-changing DWI laws, who is experienced in all Trial Courts of the State of New York, and who will fight to protect your rights and privileges.
LINKS:
New York State Bar Association
New York State Academy of Trial Lawyers
New York State Association of Criminal Defense Lawyers
New York State Defenders Association
New York State Trial Lawyers Association
Womens Bar Association of New York
NY DWI Banner Sites
NY DWI City Links
NY DWI Client Links
Network of DUI/ DWI lawyers who represent persons charged with drunk driving offenses.
Drunk driving, DUI, DWI and Drunk Driving Defense are common words in our every day speech, which should warn us that these time-consuming and expensive offenses are becoming a growing problem in the US. Drunk Driving Lawyers will tell you that the term drunk driving has many official names including, DWI (Driving While Intoxicated), DUII (Driving Under the Influence of Intoxicants), OMVI (Operating Motor Vehicle Intoxicated), and OUI (Operation Under the Influence), and other acronyms OWI, DUIL, DWUI
Drunk driving can cause:
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