Understanding New York DWI Law
New York DWI law is quite complex. There is no such thing as a "run of the mill" DWI. Every case is different and every case is affected by the interpretation of specific statutory and case law. There are different levels of offenses and different levels of penalties. A DWI defense attorney must know not only this very complex area of law, but must also be an experienced general criminal attorney as well. An experienced DWI defense attorney, skilled not only in DWI law but also a skilled trial lawyer and general criminal lawyer, can help to minimize, or even eliminate, the impact of the charges.
At the Newburgh, New York based Dreyer Law Offices, PLLC, I am that attorney. I know the law and I know the best way to build an effective defense in your case.
Operating a Vehicle
In order for a person to be guilty of DWI in New York, the person must be "operating" the vehicle while intoxicated. The law of operation can, at times, be quite complex. Obviously, if you are driving the vehicle, even if you are just driving through a parking lot, you are "operating" the vehicle. But, what about a situation where you are sleeping in a non-moving vehicle? Under certain circumstances this may constitute "operation", but in other situations it will not.
New York DWI Crimes
- DWI per se: Blood Alcohol Content of .08 or higher
- Aggravated DWI: Blood Alcohol Content of .18 or higher
- DWAI (Driving While Ability Impaired by Alcohol): Blood Alcohol Content above .05 but below .08; or other indications of impairment
- DWAI Drugs: Driving While Ability Impaired by the Use of a Drug other than alcohol
- Zero Tolerance Law: A driver under the age of 21 with Blood Alcohol Content of .02 or higher.
- Refusal: A refusal by the driver to submit to a chemical test, such as a breathalyzer or blood test
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