New York Vehicle and Traffic Law §1192 defines the the offense of DWAI:
1. Driving while ability impaired. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol.
“Arraignment” means the occasion upon which a defendant against whom an accusatory instrument has been filed appears before the court in which the criminal action is pending for the purpose of having such court acquire and exercise control over his person with respect to such accusatory instrument and of setting the course of further proceedings in the action. NY CPL § 1.20 (9).
The arraignment is generally the defendant's first appearance in court and when the defendant enters a plea, typically not guilty. The judge also determines whether the...
Florida will record points and convictions from New York as if the offense occurred in Florida. It is therefore important for Florida drivers to fight tickets as if they were back home.
A Felony DWI charge will be filed as either a class D or E depending on the circumstances. Repeat offenders and defendants with a child in the car are at risk. Learn more
Driving while intoxicated (DWI) can be charged as either a misdemeanor or felony offense whereas as charge of driving while ability impaired (DWAI) is a violation and therefore non-criminal.
A conviction for the first DWAI, either after trial or as a result of plea bargain, is a non-criminal offense and the penalties are:
A fine between $300-$500 and up to 15 days in jail, or both a fine and jail.
A Court surcharge of $265.
A DMV Driver Responsibility fine of $250 each year for 3 years for a total of $750.
A Period of Probation, Conditional Discharge, or up to 15...
A Driving While Intoxicated conviction, either after a trial or as a result of plea bargain, is a misdemeanor crime and the possible penalties are:
Incarceration of up to 1 year
Fine between $500-$1,000 and surcharge of $395
A DMV Driver Responsibility Assessment of $250 each year for 3 years for a total of $750.
Installation of an Ignition Interlock Device on the driver’s vehicle for a period of not less than 6 months.
Driver's License Suspension
A Period of Probation or Conditional Discharge
A permanent criminal record
These penalties are possible but not required upon...
Pennsylvania DMV does not assign points if a moving violation is committed out-of-state. But your insurance company could learn of the conviction and raise your premiums. There are also extra New York DMV penalties to consider. Learn more.
An Ohio driver convicted of a moving violation in New York will not acquire points on their Ohio license. However, the conviction will appear on the Ohio driving record, where your insurance company might consider it.
Yes. In same cases, we can make a motion to withdraw your guilty plea and enter a reduced charge instead.
New York State Vehicle and Traffic Law section 1192 (8) addresses the affect of a previous out-of-state conviction on a current DWI charge in New York. In short, if the prior out-of-state conviction would have been a misdemeanor, felony, or DWAI had the crime occurred in New York, then that conviction could be used to enhance the current New York charge.
The enhancement can mean the difference between being charged with a felony, longer sentencing periods, higher fines, and denial of a driving license privilege just to name a few.
If you are currently charged with a DWI in New York and have...