Driving While Intoxicated

Under New York law, a variety of alcohol- and drug-related driving offenses fall under VTL § 1192. These include driving while intoxicated (DWI), driving while ability impaired by alcohol or drugs (DWAI), aggravated DWI (high blood alcohol content), and impaired driving by combination of alcohol and drugs. Some people call this Driving Under the Influence (DUI), but the correct legal term in New York State is DWI.

Some common categories:

Per se DWI (VTL § 1192(2)) — Operating a motor vehicle with a blood-alcohol concentration (BAC) of 0.08% or higher (for adults) is automatically considered intoxication.
Impaired/DWAI — Lesser alcohol impairment. This can include alcohol-related impairment (BAC below 0.08%).
Aggravated DWI (Agg-DWI) — For instance, when a driver’s BAC is 0.18% or higher, or other aggravating conditions exist (e.g., a child passenger).
Leandra’s Law (Child in Car) — Operating a motor vehicle while intoxicated and with a child present in the car is a felony, regardless of prior criminal record.
DWAI Drugs — Impairment by legal/illegal drugs, or a combination of substances.

Although NYS has legalized marijuana usage, it is unlawful to drive while under the influence of marijuana if it impairs your ability to drive.

In short: even if BAC does not reach 0.08%, or if drugs (instead of or in addition to alcohol) are involved, prosecutors may still charge impaired driving under VTL § 1192.

Consequences & Penalties — Why These Charges Are Serious

A conviction or plea under any VTL § 1192-related offense can carry severe consequences—not only criminal, but also long-term collateral effects:

For a first-time standard DWI or DWAI: fines, up to 1 year in jail, license revocation or suspension (usually at least 90 days or 6 months), and installation of an ignition-interlock device after reinstatement.
For “Aggravated” DWI or repeat offenses: charges can escalate to felony-level offenses, with greater fines (thousands of dollars), long-term license revocations, mandatory ignition interlock, and potential prison time of several years.
Collateral consequences: a DWI/DWAI conviction can dramatically affect employment, immigration status, professional licensing, auto insurance, and driving privileges—impacting not only the present case but the individual’s future.

Because New York law treats impaired driving very broadly—whether by alcohol, drugs, or both—what may seem like a “minor” stop could lead to serious criminal exposure.

Why Representation Matters

A DWI charge can threaten your freedom, driving privileges, job, and future. Our firm provides assertive, strategic representation for clients facing any type of alcohol- or drug-related driving charge. We work to protect your rights, challenge the evidence, and pursue the best possible outcome, whether that means a dismissal, reduction to a non-criminal offense, or winning at trial.

Our firm has successfully defended hundreds of DWIs, from first offenses to vehicular homicides with underlying DWI charges. Every step—from your first contact with the police to arraignment, refusal hearings, discovery review, pre-trial hearings, plea bargaining, and trial—should be taken with an experienced local attorney.

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Driving While Intoxicated

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Consequences & Penalties — Why These Charges Are Serious

Why Representation Matters

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