DWI and DWAI

The law regarding driving while intoxicated and driving while impaired by alcohol or drugs is constantly changing, with penalties increasing and the consequences of a conviction growing steadily more severe. If you have been arrested for an alcohol-related motor vehicle offense, it is essential to contact an experienced White Plains criminal defense attorney who will advise you of your rights and provide zealous representation to defend your freedom.

Penalties for Driving Drunk

Have you been arrested for drinking and driving? Did you fail a field sobriety test? I am dedicated to helping people facing criminal charges in the Bronx and can help you. If your blood alcohol content was between .05% and .07%, you can be charged with DWAI, but if it was above .08%, you will face charges of DWI. It is a misdemeanor crime, carrying serious penalties such as a $1,000 fine, up to a year in jail and a one-year driver's license suspension for a first DUI offense. You can expect to receive an increased penalty for a multiple DUI conviction, if this is your 2nd, 3rd or 4th arrest. Also certain factors can cause your charge to be enhanced from a misdemeanor to a felony DUI.

My name is The Law Office of John M. Cromwell, and since 1988 I have helped numerous individuals in our community avoid the serious punishments associated with alcohol-related driving charges, securing favorable plea bargains to reduce the charges and winning several acquittals after jury trials for my clients. Through my memberships in multiple New York State criminal defender organizations, I keep up to date on the many changes in the law in the area of DWI. I am fluent in Spanish and committed to achieving the best possible result for my clients.

I have conducted many DWI jury trials, including winning a complete acquittal where my client was accused of drunk driving and attempting to run over a police officer, and an acquittal on DWI where there was a substantial blood alcohol content (BAC) reading, an accident, and video-tape evidence. In many other cases, I was able to persuade prosecutors to drop more serious charges and offer a plea to a reduced charge allowing my client to keep a clean record and only pay the minimum fine mandated by law.

What's the difference between DWI and DWAI?

In order to convicted of DWI, prosecution must be able substantiate that you operated a car with a BAC of .08% or higher. You may also be convicted if prosecution is able to reasonably demonstrate that you attempted to operate a vehicle when you physically incapable of doing so. If prosecution is able to demonstrate that you were affected by alcohol to the extent that it impaired your ability to safely drive, you may be convicted of DWAI. What is the difference between these two charges? Generally speaking, DWI is criminal offense and DWAI is a traffic infraction. For example, if police arrested you for driving with a BAC of .13%, you would most likely be charged with DWI. However, if your BAC .06% but police believe that you were incapable of safely driving your car, you could be accused of DWAI. DWI is usually punishable by heavier penalties.