Driving While Ability Impaired by Alcohol NYC

Arrested for DWAI? Get Defense Before It's Too Late.

Drinking and driving is one of the most serious offenses an individual can commit behind the wheel. Nonetheless, many drivers are pulled over and arrested for driving while intoxicated in New York City every day.

While it may be true that many offending drivers are legitimately over the legal limit for DWI, many others are stopped without proper cause and then pressured into making mistakes that resemble those of an intoxicated driver. Any charge related to drunk driving can be disastrous, and it is critical to ensure you have the best NYC criminal defense lawyer at your side.

DWAI Charges in New York City

In New York State, there are three levels of severity for crimes related to driving while intoxicated. Driving While Ability Impaired by Alcohol (DWAI) is the least severe of the three and can be charged when the driver registers a blood alcohol content of more than 0.05 but not more than 0.07.

These levels include:

- First offenses can result in 90-day license suspensions for drivers over 21, a maximum of 15 days in jail, and fines up to $500.
- Second offenses within five years of the initial charge require a minimum six-month license revocation, up to 30 days in jail, and fines not exceeding $750.
- A third offense is considered a misdemeanor and carries financial penalties of up to $1,500, up to 180 days in jail, and a minimum six-month license revocation.

Factors That Can Affect Blood Test Results

- Timing – How long after your arrest was the blood taken? If it was more than two hours, the test may be invalid, as the law requires the sample to be taken within two hours of your arrest.
- - Training – Was the person who took the sample certified as competent to take and prepare a blood sample and properly store it?
Preexisting Medical Conditions – Do you have medical conditions such as diabetes, acid reflux disease, or chronic heartburn? These conditions can influence the BAC.
- - Contamination – Blood samples have been contaminated by improper collection and storage methods, causing the blood sample to ferment and create its own alcohol content.

DWI Defense Attorney in NYC

DWI offenses are sought after by law enforcement because of the threat this type of activity can pose to other drivers and bystanders. Due to the urgency to arrest and punish those who are suspected of drinking and driving, mistakes can occur rather frequently. In some cases, these mistakes can make conviction impossible, which is great news for any client. H. Benjamin Perez & Associates, P.C. has defended DWI cases of all kinds and has done so successfully for many years.

We are dedicated legal professionals who understand the law as much as we understand how to get results in criminal proceedings. While we cannot guarantee a specific result, we can assure you that every possible option will be explored in the pursuit of your freedom and the avoidance of the devastating consequences of a DWI conviction.