DWI Defense
New York State has some of the strictest laws and penalties in the country for driving while impaired. The fines are higher, license suspension terms are more significant, and prison terms are longer. You need the skills of highly qualified legal professionals and the support of compassionate allies to get you through this. You need the Hacker Murphy team.
Our dedicated attorneys will provide you with strong representation and work to reduce charges, avoid mandatory minimum sentences, and pursue every legal option for favorable outcomes, whether you are facing:
Driving While Ability Impaired (DWAI)
Driving While Ability Impaired (DWAI) is a charge that results from driving under the effects of drugs, alcohol, or a combination of substances, with a blood alcohol level (BAC) of between 0.05% and 0.07%. It is often overlooked as a lesser offense but it still carries severe consequences. A DWAI conviction even for first-time offenders can result in high fines, mandatory license suspension, and potentially a jail sentence.
Penalties for DWAI in NY
- 1st DWAI (Drug) Charge: Fines up to $1,000, maximum jail term of 1 year, and license suspension for at least 6 months.
- 2nd DWAI (Drug)– E Felony: For a second offense within 10 years, fines of $1,000–$5,000, up to 4 years in state prison, and a minimum 1-year license revocation.
- 3rd DWAI (Drug)– D Felony: For a third offense within 10 years, fines from $2,000–$10,000, up to 7 years in prison, and a minimum 1-year license revocation.
Given the serious implications, working with a skilled DWAI defense attorney is essential. Hacker Murphy attorneys bring deep expertise to DWAI cases, providing clients with persistent, creative, and effective representation to achieve the best possible outcome.
Driving While Intoxicated (DWI)
Driving While Intoxicated (DWI) in New York state is defined as driving with a blood alcohol level (BAC) of 0.08% or higher for private drivers or 0.04% or higher for commercial drivers. New York has some of the strictest DWI laws in the nation, with escalating penalties for repeat offenses and aggravating factors, such as very high BAC levels (over 0.18%) or accidents causing injury.
Then what is a DUI?
DWI (Driving While Intoxicated) and “DUI” (Driving Under the Influence) are terms that are often used interchangeably, but they are not the same: “DUI” is not an official charge in New York state law. Other states use “DUI” as an umbrella term for any alcohol or drug-related driving offense, but New York uses DWI as its primary term.
The Stakes Are High
The effects of a DWI conviction extend far beyond fines and license suspension—they can impact your job, reputation, family life, and freedom. Potential consequences include:
- Hefty fines and surcharges
- License suspension or revocation
- Prison time and/or probation
- Probation, community service, or alcohol counseling
- Increased insurance rates and difficulty obtaining employment, housing, or loans
- Mandatory installation of an ignition interlock device on every vehicle you own
Hacker Murphy’s experienced DWI defense team understands the complexities of local court systems and leverages our respected reputation to negotiate favorable outcomes. Our attorneys offer informed counsel to reduce charges and potential penalties, providing the robust support clients need in these high-stakes cases.