New York Criminal Lawyer Blog
Leandra’s Law a Reality: Current Misdemeanor DWI to Become Felony if Child in Vehicle
There are a couple of factors that determine the severity of the charge against you. For one, the law considers the number of DWI offenses you’ve actually been convicted or plead guilty to. First offenses are not treated nearly as harshly as subsequent offenses and the penalties get much worse each time you break this law.
Under the New York Penal Law, operating a motor vehicle while under the influence of alcohol or drugs. 1. Driving while ability impaired. No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol. 2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article. 2-a. Aggravated driving while intoxicated. (a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article. (b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle. (Leandra’s Law) 3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.
The primary difference between the charge of DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired) is that DWI is a criminal misdemeanor and while DWAI is a criminal traffic infraction. 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.
DWI is a serious offense especially under the Leandra’s Law, you will need the legal assistance of a New York Order of Protection Attorney and New York DWI Attorney at Stephen Bilkis and Associates. Call us now.