It is not easy to find yourself facing criminal charges, particularly for those who ended up as a defendant in criminal court proceedings. You need in your corner an attorney who will stand up for you; in fact, in criminal proceeding no judge will proceed with a case with a defendant who is not represented.
In the area of DWI (driving while intoxicated) many individuals who have been charged with it, have had no previous exposure to the criminal justice system. Yet intoxication with alcohol (or drug) related offenses are taken very seriously in the state of New York and can very often result with a criminal record that can follow you for the rest of your life. In fact, the punishments in DWI cases in the state of New York are very harsh nowadays.
The drivers are considered impaired if their blood alcohol concentration exceeds 0.05%, and legaly intoxicated if it reaches the level of 0.08%. The severity of the charges and of statutory penalties will vary depending on blood alcohol concentration, additional involvement of drugs, or whether the defendant is a repeated offender. You have to realize, however, that a first time offense can bring you serious charges or penalties.
The charges in DWI cases are divided depending on specific factors surrounding the circumstances:
DWI - A person who is caught while driving a motor vehicle with a blood alcohol concentration of 0.08% or more can be charged with the misdemeanor of DWI. Had that defendant received another DWI within the past 10 years, he or she may be facing a felony charge.
Aggravated DWI - A person who is caught operating a motor vehicle with a blood alcohol concentration of 0.18% or higher, may be charged with aggravated DWI.
DWAI (or, driving, while ability impaired) - A person who is caught operating a motor vehicle with a blood alcohol concentration of between 0.05% and 0.08% may be charged with a DWAI. Even though it is not a criminal charge, the penalties may include jail time and fines.
DWI-Drugs - A person who is caught operating a motor vehicle under influence of drugs may be charged with a DWI-Drugs.
DWI-Combination - A person who is caught operating a motor vehicle under influence of both alcohol and drugs, may be charged with a DWI-Combination.
The state of New York has also zero-tolerance laws for drivers under the age of 21, which make it unlawul for the young drivers to operate a motor vehicle with a blood alcohol concentration as low as 0.02%
Janusz Andrzejewski is an attorney admitted to practice law in the state of New York (June,1993) and you can contact him at (212) 634-4250 or by e-mail at janusz@januszandrzejewski.com
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