What is dui in ny

Each subsequent DWI conviction can increase the potential penalties, and may lead to felony charges. Have you or a loved one received a DWAI? Not sure where to turn next?

The DWI Team at Nave Law is equipped to make sure you have great representation in the courtroom and to get the fair outcome you deserve. Call our office in Syracuse, NY today at or contact us here. This is one of the most common questions the we receive. By John McCurley , Attorney. New York's drunk driving laws are among the most complex in the nation.

While most states have two types of DUIs "per se" and impairment , New York has five general categories of impaired driving offenses:. The penalties for a conviction depend on the classification of the offense and the number or prior convictions the driver has within a certain period of time. Many states have a set "look-back" or "wash-out" period such as seven or ten years that applies for all purposes. Impaired driving convictions that occurred within the look-back period generally count as prior convictions, while convictions that occurred before the look-back period don't.

However, New York applies several different look-back periods—four, five, ten, and 25 years--depending on the circumstances. The consequences of a DWI or DWAI conviction depend on a number of factors, including the classification of the offense and the number of prior convictions the driver has. Alcohol-DWAIs are infractions for first and second convictions within five years and misdemeanors for third convictions within ten years.

In addition, a driver accused of a DUI offense has the right to request a second, independent, chemical test. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 DUI in New York. The content of this page is for informational purposes only. It is considered to be non-criminal and a traffic infraction. A second or greater offense within 10 years is considered a felony and will carry harsher penalties.