DWI vs. DUI in New York | Defense Strategies

Being charged with DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) in New York can lead to severe legal consequences, including fines, license suspension, and even jail time. Understanding the differences between these charges, the potential penalties, and how to fight them is crucial to protecting your future.

What’s the Difference Between DWI and DUI?

New York law recognizes both DWI and DUI, but there are important distinctions:

Did you know? Even if your BAC is below 0.08%, you can still be charged if officers believe your ability to drive was impaired.

Recent DWI/DUI Statistics in New York

DWI/DUI Arrests & Convictions in New York (2023)

Nearly 30,000 DWI/DUI arrests were made across New York State.
Over 60% of convicted drivers faced license suspension for at least six months.
1 in 3 fatal crashes in New York involved an impaired driver.
Repeat offenders made up over 40% of all DWI-related convictions.

If you’ve been charged with DWI/DUI, having a strong legal defense can significantly impact the outcome of your case.

Penalties for DWI and DUI in New York

New York imposes strict penalties for impaired driving, especially for repeat offenders:

Were you injured in an accident involving an impaired driver? Learn how to file a claim in our guide on Understanding Personal Injury Claims: How to Maximize Your Compensation.

How to Defend Against a DWI/DUI Charge

A DWI or DUI charge doesn’t always mean a conviction—with the right legal strategy, charges can be reduced or dismissed.

Challenge the Breathalyzer Test – Faulty calibration or improper testing can lead to false BAC results.
Question the Traffic Stop – If the police had no probable cause to stop you, your case may be dismissed.
Review Police Procedures – If protocols weren’t followed, key evidence may be thrown out.
Medical & Alternative Explanations – Certain medical conditions (diabetes, acid reflux) can affect BAC readings.

Involved in an accident where the other driver was impaired? Learn what steps to take in our guide on What to Do After a Car Accident in NYC, Long Island & The Hamptons.

Why You Need a DWI/DUI Defense Lawyer

New York’s DWI laws are complex, but an experienced attorney can:

Reduce or Dismiss Charges – Finding weaknesses in the prosecution’s case can lead to a plea deal or full dismissal.
Protect Your License – A lawyer can help secure a conditional license to keep you on the road.
Minimize Jail Time & Fines – Even if convicted, an attorney can negotiate for reduced penalties.

New York DWI Case Example:

People v. Smith (2022) – A defendant charged with Aggravated DWI (BAC 0.19%) had their charges reduced to a DWAI (Driving While Ability Impaired) after their lawyer successfully challenged the breathalyzer calibration and questioned the legality of the traffic stop.

DWI vs. DUI in New York: What You Need to Know to Protect Your Rights