How Are Cases Handled In New York For A Blood Alcohol Concentration Under 0.08?

In New York, any driver who was found to a blood alcohol between .05% and .07% would be charged with Driving While Ability Is Impaired, which is a violation and not a misdemeanor, as is a Driving While Intoxicated. If in fact a motorist found to have a blood alcohol of .08% or more, they would be considered to be DWI. Many people use DWI, (Driving While Intoxicated), interchangeably with DUI, (Driving Under The Influence). In New York there is no DUI only DWI. However, both are often used interchangeably.

Are The Penalties The Same As A DWI If Someone Had A BAC Under 0.08?

As previously indicated a person who is found to have a blood alcohol (BAC) under .08% would be charged with Driving While Ability Is Impaired as a violation. Upon conviction they would not have a criminal record. However, driving with a .08% or more of blood alcohol would be a misdemeanor and thus a crime and a person would have a criminal record.

As far as the penalties which exist for each there is a license suspension or revocation. There are monetary fines. There is usually a requirement to attend a Victim Impact Panel and to attend a Drinking/Driving Program. Obviously the fine would be less for a DWAI than a DWI and with a DWI, there is the additional risk of a period of probation and/or jail time depending upon the circumstances including the number of prior DWI’s would exist.

However most importantly, with a DWI there is the added condition of the installation of an Ignition Interlock Device which in Westchester County is usually imposed for one year.

It is obvious that it is more advantageous to be convicted of a DWAI rather than a DWI. If you are charged with a DWI and don’t feel it is worth contesting at a trial, the objective is to try to plea bargain the DWI charge down to a DWAI which would save your having a criminal record in addition to the added penalties. However, a motorist should be aware that the district attorney’s office in Westchester County as well as all the counties in lower New York are becoming much more strict on the circumstances under which they will consider the reduction to a DWAI.

How Are The Penalties Different Between Underage Drinking And Of Age Drinking?

The penalties would basically be the same, except there would be longer license revocation periods.

For more information on Handling a DWI in New York, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.