DWI Vs. DUI in New York

DWI Vs. DUI in New York

In New York, there is very little distinction between DWIs and DUIs. The two terms are often used interchangeably in conversation and even when conversing with a New York DUI attorney. However, once you get to court the charge against you will be called a DWI.

DWI stands for driving while intoxicated, while DUI stands for driving under the influence. In many states that distinguish between the two, a DUI is a less serious offense. It may involve fines and your car being impounded, as well as court time. But, a DWI could also involve very unwanted jail time. In states that distinguish between the two charges, a DUI charge will be issued if the officer feels the driver is not capable of driving and no blood alcohol test is given. With a DWI in most states, a blood alcohol test is administered and if the content is .08% or higher, then a driving while intoxicated charge is leveled.

This works differently in New York state, where there are two different types of DWI charges that can be issued against someone, both causing them need for a New York DWI lawyer. You can be charged via what is called a “per se” law, where a blood alcohol test is performed. Or, you can be prosecuted via common law, which means the offense was leveled after an officer observed you should not be operating a motor vehicle. In this case, there was no blood alcohol test taken. If there is a blood alcohol test given, New York can prosecute offenders under both laws simultaneously.

A DWI charge is a serious offense. It may go on your record permanently and require you to spend time in jail. A conviction can change the course of your life, so the last thing you want to do is defend yourself in court on your own. A DWI attorney in New York can work with you and may even get the charges dropped. If a conviction were to be handed down, then he can also negotiate your sentence for you and you may not end up with jail time at all. A DWI lawyer in New York understands that people sometimes make serious errors in judgment and can help a judge see the same thing during a trial. You may be regretting the decision to go behind the wheel after drinking for many reasons and wonder what could have happened had an accident actually occurred. But, with a good lawyer by your side, you can feel confident that you are getting the best defense possible. Call us today and let us help you if you are facing a DWI charge in the state of New York.

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