For example, if you are convicted of a DWI misdemeanor, your license will be revoked for 6 months. For DWI felony convictions, your license will be revoked for a minimum of 1 year. Drunk driving (DWI) is a crime. A first conviction, considered a misdemeanor, will result in a substantial fine, a mandatory surcharge, license revocation, and a possible jail sentence.
An aggravated DWI is something completely different. In this video, criminal defense attorney Paul J. Cambria explains DWI penalties in New York, including the arraignment process, which determines how long your license will be suspended. Understanding how DWI license suspensions work and when they come into play is crucial for all drivers, especially those accused or convicted of drunk driving in New York.
But what do these terms mean and what are the differences between them, if any? Understanding the differences between them and the penalties they may entail will better equip you to defend yourself if you ever get involved in a New York drunk driving case. New York law makes several distinctions between different types of DUI-related charges, including DWI, DWAI, and DUI. While the terms DUI and DWI may seem interchangeable depending on the way they are used in media and in everyday life, certain states argue that there are very clear differences between the two. In this way, New York treats DUI as a general term that includes different types of driving while disabled.
Therefore, experienced defense attorneys and legal representation are necessary if you are ever charged with DUI or DWAI. Reckless driving is not the same as driving under the influence of alcohol or driving while intoxicated and often imposes less severe punishment than the alternative. But what are the differences between DUI and DWI, and what are the differences in the penalties issued? Receiving a DUI or DWI conviction in New York will carry severe penalties, including revocation of your license and jail time. If you are under the influence of drugs or alcohol, and you start the engine without intending to drive, you are still responsible for driving under the influence of alcohol.
Effectively, that means that a driver who refuses to perform chemical tests may have his license suspended, even if charges for drunk driving are dismissed or if a case ends in acquittal. In most incidents, DUI or DWI charges cannot be dropped completely due to evidence found in most scenes.