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What type of DWI charges could a driver face in New York?

On Behalf of | Dec 9, 2020 | DWI |

Like most other states, New York State has multiple criminal charges that relate to driving while intoxicated and driving while impaired. If you find yourself pulled over by a police officer in this state and end up accused of impaired driving, you may find it to your benefit to understand the exact charge or charges that authorities have brought against you. The type of charge you face could significantly influence the type of consequences you could face if convicted.

Multiple charges relating to similar violations exist because of the various circumstances under which the violations could occur. After all, you likely do not want to face the same possible consequences for a first-time DWI charge as someone who is facing aggravating circumstances. Of course, you have the right to defend against any criminal charge that could come against you.

Type of DWI charges in New York

It is important to note that DWI does not only apply to driving while intoxicated or impaired by alcohol. Driving while impaired by drugs could also come against you if officers believe that charge applies. Some specific charges a driver could face in the state include the following:

  • Driving while intoxicated, which could occur if a passenger car driver’s blood alcohol content reaches .08 or if a commercial vehicle driver’s BAC reaches .04
  • Aggravated driving while intoxicated, which could apply if the BAC reaches .18 or higher
  • Driving while ability impaired by a single drug, which does not involve alcohol
  • Driving while ability impaired by a combination of drugs or alcohol
  • Chemical test refusal, which could occur if a driver refuses to a take a breath, blood or urine test
  • Zero tolerance-related charge, which could occur if a person younger than 21 has a BAC anywhere in the range of .02 to .07

These charges could result in fines, jail time, and license suspension or revocation if convicted.

What can you do?

In the event that an officer does charge you with any of the aforementioned allegations, you want to remember your legal rights and look into your legal options. You have the right to create and present a meaningful criminal defense if you wish to do so. Consulting with an experienced attorney who could explain your available options may help you find a path with which you feel comfortable moving forward.


Law Offices of Joseph J. Tock