DWI / DUI Charges in New York State

David Galison, P.C.-- Attorney & Counselor at Law

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DWI / DUI Charges in New York State

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In order to obtain a conviction under one of the New York State DWI / DUI laws, the prosecution must establish that a motorist was impaired or intoxicated by the voluntary consumption of; alcohol, drugs, or the combined influence of alcohol and drugs. There are many theories under which the prosecution can base their case. The following is a list of the charges available to the prosecution under the New York State Vehicle and Traffic Law 1192:

• Driving While Intoxicated (Common Law); Intoxication is proven without a Blood Alcohol Reading.
• Driving While Intoxicated (Per Se); Operation of a motor vehicle with a Blood Alcohol Concentration of .08 or more.
• Aggravated Driving While Intoxicated (Per Se); Operation of a motor vehicle with a Blood Alcohol Concentration of .18 or more.
• Driving While Ability Impaired by Drugs.
• Driving While Ability Impaired by Alcohol (Common Law); Impairment is proven without a Blood Alcohol Reading.
• Driving While Ability Impaired by Alcohol (Per Se); Operation of a motor vehicle with a Blood Alcohol Concentration of between a .05 to .07.
• Driving While Ability Impaired by a Combination of Alcohol and Drugs;
• Zero Tolerance (Under 21); a DMV Administrative finding of a .02 to .07 Blood Alcohol Concentration.

 

Each of the above charges, excluding the Zero Tolerance law, carries with it the possibility of incarceration. Fines, State Surcharges and Administrative Fees range from several hundred dollars to several thousands of dollars depending upon the charged crime. During the Free Consultation offered by the office the possible consequences of a conviction and the potential monetary penalties that can be imposed will be explained to you. The following link is provided for your convenience, and provides a comprehensive chart detailing the minimum and maximum fines that can be imposed, the maximum jail sentence that can be imposed and the consequences that a conviction may have on your license. See the NEW YORK STATE DMV BROCHURE on DWI / DUI. In addition to the consequences outlined in the DMV brochure, further practical consequences of a conviction will be addressed during the Free Consultation.

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DWI Attorney Nassau County

DAVID GALISON, P.C.-- 1539 Franklin Ave Mineola, NY 11501

(516) 242-4477 FAX (516) 742-6477

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