While most of us recognize the dangers of drinking and driving and the implications that a DWI conviction can have on our licenses, many people do not appreciate how substantial the financial penalties are.
There are numerous drinking and driving offenses in NYS, the most common of which are: (a) driving while ability impaired (“DWAI”); (b) driving while intoxicated (“DWI”); and (c) aggravated driving while intoxicated (“ADWI”). You can be charged with DWAI for having a blood alcohol content (“BAC”) of 0.05 – 0.07%. DWI can be charged when the BAC is 0.08 – 0.17% and ADWI can be charged when the BAC is 0.18% and above. You can also be charged with drinking and driving based on the police officer’s observations and your performance on field sobriety tests. Refusing the breath test carries separate and considerable penalties and fines.