DWI FAQ Over 50 Years of Collective Legal Experience


Q: Is it wise to fight a DUI charge in NY?

A: As you may already know, there are severe consequences for any type of DUI conviction. Many of these consequences you may not even be aware of, such as not being able to get a job due to your record or not being able to travel. So, if you want to increase your chances of not having to deal with these consequences in the future, then it's worth fighting. Although you won't be guaranteed any results, it can be worth it if you want to avoid having huge problems in the future.

Q: If I fight, what are the consequences?

A: The most immediate consequence of fighting this charge is having your license suspended while the case is pending. This happens when your blood alcohol content is over the legal limit, which is .08 or higher. The only way to get this back is if you apply for "hardship privilege" after the first 30 days, which only allows you to drive back and forth to work. The next step is to get a conditional license, which allows you to drive regularly, but with special conditions. Your license can still be suspended for a year after this, if the case ends up not going in your favor.

Q: Do I have to Hire a Lawyer?

A: It's not required that you hire a lawyer, as you can negotiate on your own or plead guilty if you choose to do so. However, it's generally a very smart idea to hire a DWI lawyer because of the defense they can provide for your situation. They can help reduce or even eliminate suspensions, charges and consequences.

Although your lawyer won't be able to guarantee any of these things happening; they will be able to keep you aware of what is going on and give you solid legal advice to ensure that you're making the best choices possible when it comes to your case. They will actually be there every step of the way as you go through the DWI legal process.

Q: Which Courts do you Service?

A: Our firm can handle DUI cases all throughout the state of New York.

Q: Will I see an Increase in my Insurance Premium?

A: Most insurance companies will increase your premium as a result of finding out you have a DUI conviction. It's also possible that your insurance company will drop your coverage all together, simply because you're too much of a risk for them to insure. Although you might not see a change immediately, you will see an increase when your policy renews, which is generally going to be a pretty significant increase.

The only exception to this is sometimes for out-of-state drivers. They may not see their insurance rates increase due to information not being transmitted to their license, but this all happens by chance.

Q: DWAI, DWI and DUI: What are the differences?

A: DUI- Otherwise known as driving under the influence, this is something you generally won't hear in New York State.

  • DWI- Otherwise known as driving while intoxicated, this means that you have a blood alcohol content of .08 or higher or that you appear intoxicated/impaired. The first time someone is charged with this, it is a misdemeanor. The second time someone is charged with this, it is a felony.
  • DWAI- Driving while ability impaired means that you have a blood alcohol content level of .05 or more, but not more than the legal limit of .08. First and second convictions of this type of charge are violations, but the third is a misdemeanor. An Aggravated DWI is when you have a blood alcohol content level of .18 or above.

If you have any questions, it's worth it to call us and get a free consultation. Our advice can help you determine a course of action so that you can take care of this situation in the smartest way possible.

Put Jackson Bergman, LLP On Your Side

As former NYS prosecutors, Tom Jackson and Ben Bergman know the laws regarding DWI testing in New York State and are prepared to defend you against a DWI or DUI accusation. Fill out our contact form to get a free assessment of your case.

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