Based in Albany, New York, our lawyers handle DWAI cases mainly in the following counties:

Albany
Schenectady
Rensselaer
Montgomery
Fulton
Saratoga
Greene
Columbia
Schoharie
Warren
Washington

DWAI in New York State

New York State has a lower-level "drunk driving" offense called DWAI, short for Driving While Ability Impaired. In most DWAI cases we believe the defendant should fight the charges. There are three major reasons for this. First, the penalties for a DWAI are fairly harsh. Second, in most cases there is no plea bargain available. Third, DWAI cases are generally easier to win (though it is never easy).

DWAI Penalties in NY

While a DWAI conviction is not criminal, the penalties are still rather harsh. For starters, the defendant convicted of DWAI will face substantial fines, assessments, surcharges and fees, easily exceeding $1000 and potentially approaching $2000. A first-time DWAI offense will also lead to license suspension, typically for 90 days. Another big impact is the likely increase in insurance rates, which will cost the typical DWAI defendant well over $1000 in increased insurance premiums. Finally, a DWAI violation stays on your driving record for at least 10 years, and will also generally show up on a criminal history check for the rest of your life.

Plea Bargaining in NY DWAI Cases

NY DWI laws limit the prosecutor's freedom to plea bargain DWI charges. It is rare to see a case negotiated to a result we describe as "out of alcohol." On occasion defense lawyers can get DWI or DWAI charges reduced to non-alcohol offenses like reckless driving (a crime, but with generally lower consequences) or speeding (a non-criminal violation). But in most cases prosecutors will not agree to this. Since the only offer in a typical DWAI case is "plead to the charge" (i.e. plead guilty to what you're accused of), a defendant has little to lose by fighting a case through a hearing and even a trial. The worst that can happen is that you get convicted of the offense charged, which is what happens if you plead to the charge anyway.

DWAI Cases Are Easier to Win

NY DWI charges typically depend on the results of a test for blood-alcohol content (BAC) performed by police on a device called a breathalyzer. For a BAC of 0.08 or above, the police will usually charge the defendant with a misdemeanor DWI crime. When the BAC is 0.05, 0.06, or 0.07, they will usually charge the defendant with DWAI. There are some very important differences between these charges.

The higher level DWI offenses involve two different charges. Under §1192(3), or common law DWI, the prosecution must prove you were intoxicated. In simple terms, they have to persuade a jury you were drunk - you looked drunk, you sounded drunk, you smelled drunk, etc. Under §1192(2), the "per-se DWI," they must prove that your BAC was 0.08 or higher. In almost all DWI cases, you will be charged with both and the prosecution will have two different ways to convict you. Most DWI lawyers believe that it is easier for the prosecution to win by proving that your BAC was 0.08 or higher.

For the DWAI violation, they must prove that you were impaired. Driving with a BAC below 0.08 is not illegal in and of itself. So the prosecution has only one way to win, and it is the more difficult way. Also, cases involving a BAC below 0.10 create other problems for the prosecution, as that renders other aspects of the arrest suspect - especially with regard to the Standardized Field Sobriety Tests - the tests the police do at the side of the road where they wave a pen in front of your eyes, have you stand on one leg, or have you walk a line.

We handle DWI cases, including DWAI, in all courts in the Albany Schenectady Troy Saratoga area. Call us at 888-733-5299. A person answers our phone 24 hours a day.

We deal well with police and prosecutors in all the area courts. To learn more about DWI and what we can do for you, click on the links on the left side of the page.

The call is toll-free and there is no charge for the initial phone consultation.

Please call us to discuss your case before making any payment: 888-733-5299

A person answers our phone.
888-733-5299
255 Washington Avenue Extension, Suite 108, Albany, NY 12205
Fax: 518-862-1551 wredlich@gmail.com

Redlich Law Firm - Albany NY
New York DWAI

Albany County includes Guilderland, Colonie, Bethlehem, Cohoes, Menands and Watervliet, along with Ravena and Coeymans. We also cover Troy, Schenectady, Rotterdam, Saratoga and Clifton Park and beyond.