[ Ссылка ]

The primary difference between the New York charge of DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired) is that DWI is a criminal misdemeanor while a DWAI is a traffic infraction, a violation.

The DWI has substantially higher fines and costs associated with it as well. If your blood alcohol level, your BAC, was greater than .05 and less than .08, you can be charged with DWAI. If your BAC is .08 or greater, you can be charged with DWI per se. You can still be charged with common law DWI "without any" BAC level, as in the refusal case.

With the charge of DWI common law, the prosecutor will have to prove your intoxication based upon the officer's observations of your behavior and your performance on the FSTs (Field Sobriety Tests).

With the charge of DWAI, the prosecutor only has to prove any extent of impairment in your ability to drive.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 450 blog posts, dozens of articles, and over 435 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.


[ Ссылка ]

newman.lawrence@gmail.com

607-229-5184

свернуть