Driving While Ability Impaired by Alcohol in NYC

Arrested for DWAI? Get Defense Before It's Too Late.

Driving while intoxicated

Drinking and driving is one of the most serious offenses an individual can commit behind the wheel. Nonetheless, many drivers are pulled over and arrested for driving while intoxicated in New York City every day.

While it may be true that many offending drivers are legitimately over the limit for DWI, more still are pulled over without good reason and then pressured into mistakes that appear consistent with the mistakes of a drunk driver. Any charge related to drunk driving can be disastrous, and it is critical to make sure you have the best NYC criminal defense lawyer available at your side.

DWAI Charges in New York City

In New York State, there are three levels of severity for crimes related to driving while intoxicated. Driving while ability impaired by alcohol, or DWAI, is the lightest of the three, and can be charged when the driver registers a blood alcohol content of more than .05 and a maximum of .07.

  1. First offenses can levy 90-day suspensions for drivers over 21 in addition to a maximum of 15 years in jail and fines up to $500.
  2. Second offenses within 5 years of the initial charge require a 6-month minimum license revocation, up to 30 days in jail and fines not exceeding $750
  3. A third offense is considered a misdemeanor which requires financial penalties up to $1,500, up to 180 days in jail and a minimum 6-month license revocation.

Factors That Can Affect Blood Test Results

  • Timing - how long after your arrest was the blood taken? If it was more than two hours, the test may be invalid as the law requires the sample to be taken within two hours of your arrest.
  • Training - was the person who took the sample certified as competent to take and prepare a blood sample and properly store it?
  • Preexisting Medical Conditions - Do you have medical conditions such as diabetes, acid reflux disease or chronic heartburn? These conditions can influence the BAC.
  • Contamination - blood samples have been contaminated by improper collection and storage methods causing the blood sample to ferment creating its own alcohol content.

DWI Defense Attorney in NYC

DWI offenses are sought after by law enforcement because of the threat this type of activity can pose other drivers and bystanders. Due to the urgency to arrest and punish those who are suspected of drinking and driving, mistakes can occur rather frequently. In some cases, these mistakes can make conviction impossible, which is great news for any client. H. Benjamin Perez & Associates, P.C. has defended DWI cases of all kinds, and have done so successfully for many years.

We are dedicated legal professionals who understand the law as much as we understand how to get results in criminal proceedings. While we cannot guarantee a specific result, we can assure you every possible option will be explored in the pursuit of your freedom and avoidance of the devastating consequences of a DWI conviction.


Call our firm today for help in your DWI case!