Austin DWI LAW

Austin DWI LAW

DWI arrests in New York will trigger two separate cases for those accused of driving while impaired. The first is the DWI case in criminal court; the second is the DMV case, where the New York DMV is empowered to suspend the driving privileges of those accused of DWI or DWAI (driving while abilities are impaired by alcohol).

New York DWI cases (also known as DUI – Driving Under the Influence) can be brought under one of two theories: either violation of the DWI "per se" law (which is based only on alcohol level, not driving impairment), or under a traditional "common law" theory (where the prosecution must prove that the driver is intoxicated). Intoxication, for the purpose of Vehicle and Traffic Laws, is a condition where the motorist lacks the necessary physical and mental skills to operate a motor vehicle as a reasonable and prudent driver. New York DWI arrests based on the common law theory do not require any measurement of BAC; they may be based entirely on the opinion of the arresting officer.

DWI cases can be "aggravated" (with harsher punishment and penalties) where the BAC is .15 or more, where there is a traffic accident, refusal to take the chemical test, or any other attempt to evade police or flee the scene of a DWI accident.

New York DWI law is unique, in that it gives all motorists a qualified right to consult with a DWI lawyer before deciding whether to take or refuse the chemical test. (It is "qualified" because those arrested have a right to call and obtain advice from a DWI lawyer, but the police do not have to wait for that lawyer to show up.) New York DWI lawyers know that taking late-night calls is simply part of the job description. It is critical to consult with a qualified New York DWI attorney before deciding this issue, since taking or refusing the test is an important and complicated decision following a drunk driving arrest.