Buffalo DWI Lawyers

DWI (Driving While Intoxicated) is a more serious, criminal offense, typically charged when a driver’s Blood Alcohol Content (BAC) is 0.08% or higher. DWAI (Driving While Ability Impaired) is a lesser, non-criminal traffic infraction, usually charged when a driver’s BAC is between 0.05% and 0.07%. There are also separate DWAI charges for impairment by drugs or a combination of drugs and alcohol.

Refusing a chemical test (breath, blood, or urine) has serious and immediate consequences. Under New York’s ‘implied consent’ law, your driver’s license will be immediately suspended at your arraignment and revoked for at least one year at a separate DMV Refusal Hearing, regardless of the outcome of your criminal case. While it may deprive the prosecutor of key evidence, the penalties for refusal are severe.

If you refuse a chemical test, a separate administrative hearing is held by the Department of Motor Vehicles. The only issues are whether the police had reasonable grounds to believe you were driving while intoxicated, whether the arrest was lawful, whether you were given clear warnings about refusing, and whether you actually refused. If the judge finds these elements are met, your license will be revoked for at least one year.

Leandra’s Law makes it an automatic felony in New York to drive while intoxicated with a child aged 15 or younger in the vehicle. A conviction carries a potential state prison sentence of up to 4 years, even for a first-time offense. It also requires an ignition interlock device to be installed on any vehicle owned or operated by the defendant.

After an initial 30-day suspension, you may be eligible for a pre-conviction conditional license from the court if you enroll in the Impaired Driver Program (formerly DDP), provided you did not refuse the chemical test. A hardship license, which is much more limited, can be requested from the court at arraignment to allow driving for work or medical needs during the initial suspension.

A first-time DWI conviction in New York is a misdemeanor. Penalties typically include a fine, a mandatory license revocation for at least six months, required installation of an ignition interlock device, participation in a Victim Impact Panel, and possible probation or jail time, depending on the circumstances of the case.

Common defenses include challenging the legality of the initial traffic stop (lack of reasonable suspicion), questioning the probable cause for the arrest, contesting the administration and results of field sobriety tests, and attacking the reliability of the breathalyzer machine through its calibration and maintenance records. Medical conditions and issues with the chain of custody for blood tests can also be powerful defenses.