DWI (Driving While Intoxicated) is a crime in New York state, often a misdemeanor but can be prosecuted as a felony under some circumstances. Prosecution and enforcement of DWI in the 518 area and throughout the state have become increasingly apparent as a result of each county’s STOP-DWI program. Below is a chart of penalties for various alcohol and other drug-related offenses from the New York State Department of Motor Vehicles:
If a police officer suspects you of driving while impaired or intoxicated when pulled over, you may be asked to submit to a Field Sobriety Test which can include a breath-screening test thought an alcohol-sensing device to determine your Blood Alcohol Content (BAC). BAC levels of .08 or higher are considered evidence of intoxication (.04 for commercial vehicles). BAC levels of .18 or higher are considered Aggravated DWI. BAC levels of .05 to .07 are considered DWAI (Driving While Ability Impaired) and can be classified as caused by alcohol, other drugs, or a combination. New York state also has a Zero Tolerance Law for drivers under the age of 21.
Defense
Clients who come to us for help when charged with DWI or DWAI will be set up with a certified Substance Abuse Counselor for an Alcohol Evaluation. This useful interview can help show the court if you would benefit from education and can help put you on the right track for working out an agreement with the court or preparing for trial.
Attorney Randall E. Kehoe has been practicing law from his office in downtown Albany, New York since 1990. He received his Juris Doctor from Albany Law School in 1989 and B.S. in Applied Science and Technology from the Rochester Institute of Technology in 1986. He was born and raised in Rotterdam and currently resides in Troy, New York. When he is not saving people money on legal services, he enjoys watching Nascar races and listening to Frank Sinatra. 