If you have been been arrested for Driving While Intoxicated in New York State it is important that you hire an experienced criminal lawyer to represent you. This is important because the list of penalties associated with a DWI conviction has continued to grow. Most recently, new DMV Regulations have been instituted for multiple DWI offenders that for some will result in a Lifetime Revocation of their driver's license. Any Revocation triggers a "Lifetime Review" of your driving record upon re-aplication to restore your driving privileges. Other changes in penalties have occurred, including the requirement of first time DWI offenders to install an Ignition Interlock Device (IID) at their own expense. DWI law in NY has become seriously complicated and very punitive in nature over the years ( See more detailed information about DWI).
Driving While Ability Impaired is an offense where the driver has consumed alcohol to the extent that he or she becomes impaired and lacks the physical and mental abilities for which he or she is expected to possess in order to operate a motor vehicle as a reasonable and prudent driver (People v. Cruz, 48 N.Y.2d 419, 423 N.Y.S.2d 625 (1979)). DWAI is a traffic infraction, not a crime punishable by a maximum of 15 days in jail. DWI is sometimes reduced to DWAI in the plea bargaining process.
If you refuse to submit to a chemical test the DMV will hold a hearing to determine whether you refused the chemical test. If the Administrative Law Judge (ALJ) finds you refused you will receive an Administrative Punishment by the DMV. The punishment is separate from any DWI charges that may be brought against you in Court.
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