Knowledgeable Binghamton, NY DWI Attorneys to Defend You
Our Binghamton, NY DWI lawyers have decades of experience defending DWI and DWAI charges in the courts as well as negotiating out-of-court settlements with prosecutors. Our DWI attorneys include former judges, DWI prosecutors, and district attorneys, all of whom are highly experienced in both successfully prosecuting and defending DWI cases. We will bring that knowledge and experience to work in defending you.
DWI vs. DWAI: Alcohol and Drug Violations and Penalties
Blood alcohol content level (BAC)and any prior conviction history are the main factors in determining the severity of the offense and punishment.
DWI involves a BAC of .08 while Aggravated DWI (A-DWI) occurs when the BAC reaches .18 or higher. Lower BACs and driving under the influence of drugs will constitute a DWAI. A driver who is less than 21 years old and drives with a BAC of .02 – 07 can be guilty under the Zero Tolerance Law. Driving while impaired by a combination of alcohol and drugs is a greater offense (DWAI Combination). The more the number of alcohol or drug-related driving offenses within 10 years, the greater the penalties.
DWI Charges and Violations in New York State
In addition to a DWI and Aggravated DWI, New York lists the following alcohol-related offenses with similar DWAI offenses for driving while impaired by drugs:
Second DWI, A-DWI, or DWAI Combination in 10 years – a Class E felony
Third DWI, A-DWI, or DWAI Combination in 10 years – a Class D felony
Chemical Test Refusal
Second Chemical Test Refusal Within 5 years of a DWI-related charge
Zero Tolerance Law
Second Zero Tolerance Law
Out-of-State Driving Under the Influence (DUI)
DUI with any previous alcohol or drug violation
DWI and DWAI Penalties in New York
A DWAI with a BAC between .05 and .07, a first Zero Tolerance violation, or an initial DUI will result in a driver’s license suspension of 6 months. Refusing to take a chemical test when stopped leads to license revocation for 12 months, 18 months for a commercial driver. Other driver’s license suspension and revocation periods depend on BAC and number of prior offenses and range from one year to 18 months.
Fines similarly range from $500 to $10,000 depending on BAC and prior offenses. Jail time can be imposed for a DWI, DWAI Combination, or drug-related driving impairments. Imprisonment ranges from 15 days for a first DWAI to 7 years for the Class D felony offenses listed above. A court also has discretion to order the installation of an ignition lock device which can cost in excess of $2,000.
Contact Tully Rinckey’s Binghamton, NY DWI Lawyers Today
These are serious and potentially life-changing penalties. Our Binghamton, NY DWI attorneys have extensive experience with all of the charges and have successfully defended clients by arranging for charges to be dropped, pleading to a lower charge, or obtaining an acquittal at trial. Time is of the essence as there is only a short period of time after arrest to petition the DMV to reinstate a suspended driver’s license and seek an exemption from having to place an interlock device on your car. Our DWI lawyers know how to find technicalities and other factors to respond timely and effectively.
Our DWI lawyers include Patrick Kilker, who has over 25 years of experience handling DWIs and other criminal law offenses, and Richard Jennings, a DWI lawyer with 20 years of experience.
Our offices are conveniently located at 4100 Vestal Road – Suite 104 in Vestal, NY. Contact us today so you do not miss important deadlines.