Each state uses its own terms and acronyms to refer to charges related to drunk driving. Despite the differences among these terms, though, many people use them interchangeably. This can lead to confusion, especially if you’re facing charges and you want to know the potential penalties of a conviction.
In some states, for example, driving under the influence, or DUI, is considered a lesser charge than driving while intoxicated, or DWI. Other states use the terms interchangeably while still others only use one of the terms and not the other.
New York falls into the third camp and does not actually use the acronym DUI in any of its statutes. In NY Vehicle and Traffic Law Section 1192, you will find the phrase, “operating a motor vehicle while under the influence of alcohol or drugs.” The statute proceeds to discuss driving while intoxicated, or DWI.
If police have charged you with DWI, an experienced criminal defense attorney will help you explore possible strategies to fight for reduced charges, reduced sentencing, or the outright dismissal of your case. Contact Darren DeUrso, Attorney at Law to discuss your case with a DWI lawyer in White Plains.
Mr. DeUrso has been representing clients for more than 30 years, and he will use his extensive knowledge and experience to help you devise a strong defense. Call 914-772-8614 to schedule a consultation.
Is There a Difference Between DWI and DUI in New York?
Unlike some states, New York does not differentiate between DUI and DWI. Instead, the statutes refer solely to DWI-related charges. For example, it is possible to face charges for:
- Underage DWI;
- DWI per se;
- DWAI/Combination; and
- Aggravated DWI.
Each of these charges carries its own penalties, which can range in severity depending on a variety of factors including your criminal record, age, level of inebriation, whether you had a minor in the vehicle, whether you caused any bodily injury or property damage, and whether you had any controlled substances in your system.
What Should I Do If I Am Facing DWI Charges in New York?
If you are facing charges for driving while intoxicated, you may feel that a conviction is inevitable if you failed the breath test or field sobriety tests. But that’s simply not the case. If police made a procedural error, for example, then certain evidence against you (such as your breath test results) may not be admissible in court.
To discuss your situation with a criminal defense attorney, contact Darren DeUrso, Attorney at Law. Mr. DeUrso will investigate your case to identify any procedural errors made by police before, during, or after your arrest that may work in your favor.
Call 914-772-8614 to schedule a case evaluation with a DWI lawyer in White Plains. If you want to learn more about fighting DWI charges in New York, visit the USAttorneys website.