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Former Traffic Court Judge Serving New York and New Jersey

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Former Traffic Court Judge

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Does New York have more than one DWI charge?

Driving while intoxicated or under the influence can make you a danger to yourself and others. Impairment of any kind means you're not as focused on the road as you should be. Driving without focus puts you in a dangerous situation and is likely to result in a crash.

There are different levels of impairment. The level of impairment you're at depends on a number of factors including your weight, gender, the food you've eaten, how much alcohol you've had and how long it took you to drink the alcohol in your possession.

Remember, no matter what you do, there's no way to sober up faster. Alcohol passes through your body at a steady rate; it's approximately one drink per hour. If you're over the limit, you can test your breath every 15 to 20 minutes until you see your blood alcohol concentration (BAC) decline below .08 percent.

New York has several violations you could face for driving while intoxicated. Driving with a BAC of .08 percent or higher leads to a DWI. If you have a BAC of .18 or higher, you'll face an aggravated DWI with enhanced penalties.

You may also face a DWAI, which is driving while ability impaired, violation if your BAC is above .05 percent but below .07 percent. There must be other evidence of impairment alongside your BAC to face this violation. If you didn't have alcohol but you are impaired by drugs, you could face a DWAI for that as well.

It's important to do everything you can to avoid a DWI, DWAI or other violations. Your attorney can help you fight them, so you don't face unfair penalties.

Source: New York State, "Penalties for alcohol or drug-related violations," accessed March 14, 2018

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