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DUI/DWI information
Driving While Intoxicated (DWI) is a crime. New York DWI laws are strictly enforced. Consequences are severe and include loss of driving privileges, fines and possible jail time. Any amount of alcohol will affect your judgment and will reduce your ability to safely operate a vehicle.
The degree of impairment depends on five factors: The amount you drink
- Whether you've eaten before or while drinking
- Your body weight
- Length of time spent drinking
- Your gender
There is no quick way to "sober up", except to wait for your body to metabolize the alcohol. The average metabolism rate is about one drink per hour.
New York State penalties for a Drunk Driving conviction in New York State are serious. DWI arrests in New York will generate two separate cases for those accused of driving while impaired. The first is the DWI case in criminal court; the second is the DMV case, where the New York DMV is empowered to suspend the driving privileges of those accused of DWI or DWAI (driving while abilities are impaired by alcohol).
New York DWI cases (also known as DUI - Driving Under the Influence) can be brought under one of two theories: either violation of the DWI (which is based only on alcohol level, not driving impairment), or under a traditional "common law" theory (where the prosecution must prove that the driver is intoxicated). In New York a police officer can arrest someone for DWI based on the common law theory which does not require any measurement of blood alcohol; they may be based entirely on his/her opinion.
DWI cases can be "aggravated" (with harsher punishment and penalties) where the blood alcohol is 15 or more, where there is a traffic accident, refusal to take the chemical test, or any other attempt to evade police or flee the scene of a DWI accident.
New York DWI law gives all motorists a qualified right to consult with an attorney before deciding whether to take or refuse the chemical test. (It is "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.) New York DWI lawyers know that taking late-night calls is simply part of the job description. It is critical that you speak with an experienced, qualified DWI lawyers before deciding this issue, since taking or refusing the test is an important and complicated decision following a drunk driving arrest.
If you have been arrested for a DWI, contact one of the experienced attorneys of Arrest Help.com at (866) 99 TRUST.