New York DWI Crimes: FAQ

Is DUI and DWI the same thing?

In New York, drunk driving offenses are called Driving While Intoxicated (“DWI”) or Driving While Ability Impaired (“DWAI”). In other states, analogous crimes are called Driving Under the Influence, and therefore some people refer to drunk driving crimes as “DUI.” New York codifies these crimes and offenses in Vehicle and Traffic Law 1192 (VTL 1192).

Which is worse, DWI or DUI?

In New York, VTL 1192.2 or VTL 1192.3 are the most common DWI crimes. VTL 1192.1 is a non-criminal violation. The term, “DUI” is not a legal term in the New York Penal Law or the New York Vehicle and Traffic Law.

Can a DWI come off your record?

In New York, a misdemeanor or felony conviction for Driving While Intoxicated, or “DWI,” will stay on your permanent criminal record forever. However, you may be eligible to have the record of that conviction sealed after 10 years in certain circumstances.

What are the penalties for DWI in NY?

In New York, a typical DWI is a misdemeanor punishable by up to one year in jail, a fine of up to $1,000, up to three years probation, and a six month license revocation. You may also be required to install an ignition interlock device on any car you own or operate, and to attend certain alcohol-related programs. Given certain aggravating factors, such as having a child in the car or a particularly high BAC, DWI can be a felony punishable by time in state prison.

Is a DWI a misdemeanor or felony?

Whether a DWI is a misdemeanor or a felony in New York depends on whether there are any aggravating factors, such as a particularly high BAC, a prior DWI conviction, a child in the car, etc.

How long dos a DUI stay on your driving record in NY?

In New York, the Department of Motor Vehicles states that a DWI conviction remains on a person's driving record for 10 years, but it is permanently on your criminal record.

Is aggravated DWI a felony in NY?

Whether an Aggravated DWI is a felony or a misdemeanor in New York depends on what aggravating factor(s) make it an aggravated DWI. Most aggravating factors, will make a DWI a felony, although an Aggravated DWI based on a BAC of .18 or higher will still be a misdemeanor by will come with enhanced fines and penalties.

How long does DUI effect your insurance in NY?

A DWI can affect a driver's insurance rates for as long as it remains on their driving record to various degrees, depending on the carrier.

What is the penalty for drunk driving in NY?

The penalties for drunk driving in New York depend on the circumstances. If a person's BAC is below .08, but the person was still operating a motor vehicle while his or her ability to do so was impaired by alcohol, the driver will be charged with a traffic infraction that is punishable by up to 15 days in jail and a fine of up to $500. If the person's BAC was believed to be .08 or higher, or they were driving while “intoxicated,” they will be charged with a misdemeanor punishable by up to 1 year in jail and a fine of up to $1,000. If there were other aggravating factors, the driver may be charged with a felony DWI punishable by even greater fines and time in state prison.

Call the New York State criminal defense lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today.

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