New York/New Jersey DWI Defense Attorney

When people drive while intoxicated, their physical and mental abilities become impaired to the point where they are no longer capable of driving a motor vehicle without putting the lives and safety of themselves and others at risk. For this reason, it is illegal for any driver in New York to operate a motor vehicle with a blood alcohol content level (BAC) at or above 0.08%. If you are found to be driving with a BAC that meets or exceeds this legal limit, you will be arrested and charged with driving while intoxicated (DWI).

Three Types of DWI Arrests

Under New York state law, a person can be arrested and charged with DWI under three separate theories: “Per Se law,” “Common law,” and “Driving While Ability Impaired by Alcohol.”

Per Se law: This theory gives police officers the authority to arrest an individual if his/her BAC is determined to be at or above 0.08% after conducting a chemical test (breath, blood, or urine test). The driver’s BAC must be above the legal limit at the time he/she was driving to be prosecuted under “per se” law.

Common law: Under this theory, a driver can be arrested and charged with a DWI if the police officer comes to the conclusion that he/she was intoxicated after analyzing the evidence of the investigation and the arrest. Furthermore, a driver does not need to have his/her BAC calculated in order to be prosecuted under the common law theory—his/her arrest is based solely on the police officer’s observations and opinion of the driver’s behavior. The prosecution must also prove that the driver was intoxicated at the time of the arrest in order to be successful in court.

Driving While Ability Impaired by Alcohol (DWAI): This is a lesser charge than a regular DWI, and results in less serious consequences. A person can be arrested for DWAI if a police officer feels his/her ability to safely operate a motor vehicle has been impaired by alcohol.

DWI Penalties

A DWI conviction will result in multiple legal penalties, such as fines, probation, alcohol treatment workshops, drivers license suspension, a mark on your permanent record, and even time in jail. However, certain factors will result in harsher penalties, such as the presence of minors in the car, or if your BAC level is .18% or higher.

Contact New York City DWI Attorneys

If you have been charged with DWI, you need a reputable and aggressive New York City DWI attorney on your side. An experienced and knowledgeable attorney can protect your rights, and confidently guide you through the legal process. At the Law Offices of Elliot S. Kay, we have helped countless clients fight their DWI charges, and always exhaust 100% of our resources, knowledge, and skills to obtain a winning verdict for our clients. We are determined to achieve success in court, and are not afraid to challenge or negotiate with powerful prosecutors to get our clients’ charges reduced or dismissed.

Contact us about your legal matter today!