New York state DWAI - fight or deal?


DWAI, Or Driving while the ability is impairedIt is a traffic violation in New York State and subject to Article 1192 (1) of the Automobile Traffic Act. It is a lower level crime than the criminal's DWI charge. Section 1192 (2) is a DWI request to have a high blood alcohol content (BAC), 1192 (3) is a normal method DWI (Drive while drunk) - It is not based on BAC.

The easiest way to explain the difference between DWAI and DWI is to think about the blood alcohol content. In New York, DWI is normally billed for those who have BAC measured above 0.08. If BAC is measured between 0.05, 0.06, or 0.07, defendants are usually billed at DWAI. However, it is more difficult to prove than DWI based on blood or breath test. In such a case, if the jury judges the judge that the BAC is 0.08 or more, you will be guilty.

Article 1192 (3) is what is called "Common Law DWI". In the case of the usual DWI, the prosecutor has to persuade the jury you were drunk. This is an obscure concept and may confuse juries, police officers, judges, prosecutors and even lawyers.

DWAI is very similar to DWI. A judge (because it is not a crime, there are no DWAI juries) must be persuaded that driving ability is declining. The difference of Get drunk And handicapped In addition to the above confusion, it is not clearly defined by law. However, the law states that BAC 0.07 is sufficient to prove DWAI's claim, but it is still possible to charge at 0.07. In the case of 0.06 or 0.05, prosecutors must submit additional evidence beyond BAC to indicate impairment.

In most NY DUI cases, the prosecutor will have several different kinds of evidence. This includes BAC, Standardized field cleaning test (SFSTs) and general observation of officers. SFA has a dazzling defect in the case of DWAI. They are supposed to test if someone's BAC exceeds 0.10. In the case of DWAI, defendant's BAC is almost always well below 0.10. Therefore, if prosecutors tried to prove impairment by saying that SFST had failed, competent attorneys can claim that the test must be wrong because BAC actually was less than 0.10.

The important difference between DWI and DWAI is the result of licensing in case of price contest. In the case of a DWI with BAC greater than 0.08, the defendant's license is being tried under the "Rapid Stop Law" but will be canceled. In the case of DWAI, the defendant's license will not be interrupted unless there is a conviction or otherwise. In the case of DWI's defendant, the immediate termination law is very difficult and can persuade to sign a contract with many defendants (even innocent people). This pressure will not affect DWAI's defendant, so the defendant can easily fight the defendant.

Another important detail includes petition negotiations. In most DWI cases, the prosecution may impose a conviction on defendants with fewer crimes and may mean a reduction from DWI to DWAI. However, in the case of DWAI, there are few DUI crimes in general. New York's DWI law makes it difficult for public prosecutors to lower their DUI fee to those that are not DUI fees. For this reason, the typical offer for DWAI is that the defendant will appeal the claim. In other words, plea negotiations are not negotiations. Apart from attorney fees, DWAI respondents essentially lose nothing in the fight against the incident.

We generally encourage you to compete against DUI clients, but for the reasons above, discussion on this is the most powerful in the case of DWAI.


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