New York DWI Laws – Explained

You’re not a DWI expert – in fact you know nothing about this complex and ever-changing field of law. At Anelli Xavier, we want to help you stay informed on the specific DWI laws in New York State, so you can better understand exactly how we’ll be defending you.

A DWI arrest in New York will trigger two separate proceedings. One is the DMV case where the New York DMV will aim to take away your driver’s license. The other is the criminal court case.

In New York, DWI cases can be brought under two different circumstances. One is a violation of “per se” law, which is based on alcohol level only and not on driving impairment. The other is a violation of a traditional “common law”, where the prosecution must prove that the driver was intoxicated. According to Vehicle and Traffic laws, intoxication is a condition where the motorist lacks the necessary physical and mental skills to operate a motor vehicle safely. Under the common law theory, BAC is not a required measurement. This is where the opinion of the arresting officer is used.

DWI can be “aggravated”, which results in harsher penalties. Some examples of aggravated DWI charges include: having a BAC of 1.5 or higher, evading police, fleeing the scene of a DWI accident, a traffic accident or refusing to take a chemical test.

In New York State, we also have a unique DWI law, which gives all motorists the qualified right to consult with a DWI lawyer before deciding whether to take or refuse a chemical test. It is called “qualified" because those arrested have a right to call and obtain advice from a DWI lawyer, but the police do not have to wait for that lawyer to show up to proceed with the arrest. At Anelli Xavier, we understand that taking late-night calls is simply part of the job. It is critical to consult with us first before deciding whether or not to submit to a chemical test since taking or refusing to take the test can have varying penalties.
 
DWI penalties in New York State depend upon whether the person is arrested for a misdemeanor or a felony. A misdemeanor DWI case is one than can be punished by up to one year in jail; a felony drunk driving arrest may be punished for more than a year in state prison.