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Facing a DWI Conviction in New York?


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3/23/2009
Mindy
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If you have been arrested for driving while intoxicated (DWI) in New York, there are some facts you need to know.  In New York, DWI cases can be brought under one of two legal theories – DWI “per se” law, which is solely based on alcohol level, not driving impairment, and common law, where the prosecutor must prove that the defendant was intoxicated.

When it comes to the common law theory, the DWI accusation can be based on the opinion of the arresting officer and does not require a blood alcohol level (BAC) reading.  The arresting officer may conclude that a driver is intoxicated if he or she shows an inability to operate a motor vehicle as a reasonable and prudent driver.

A DWI conviction in New York not only may result in a criminal offense, which will go on the driver’s criminal record, it will also cause driving privileges to be suspended.   There are also fines associated with DWI offenses in New York and possible jail time.  The punishment will depend on whether the DWI arrest was for a misdemeanor or felony.  A felony drunk driving conviction can result in time spent in state prison.

If you have been accused of DWI, you should consult with a New York DWI lawyer immediately.  There are drunk driving defenses available and many drivers are wrongfully accused of DWI.  Contact an experienced DWI attorney today at 888-DWI-Answer.com.



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