Rappazzo & Bauscher, PLLC

Attorneys at Law

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Legal Services

DWI/DWAI Defense



DWI / DWAI Defense

Located in Schenectady, New York, the DWI/DWAI attorneys at Rappazzo & Bauscher, PLLC can help. The types of drunk driving charges in New York State vary from noncriminal offenses for low blood alcohol levels to felonies for higher blood alcohol levels while driving. Our understanding of the differences and the penalties is key to getting the best possible result from the situation, so that our clients can move past a bad decision and get on with their lives. We are not here to judge, but to assist you in minimizing the damage of having a possible drunk driving charge on your record. 
To get started, contact us online or call us at 518-374-2580.

We Take On Cases in These Counties: 

Schenectady, Albany, Rensselaer, Montgomery, Schoharie, and Saratoga

DWAI (non-criminal violation):

The lower, less serious type of a drunk driving charge in New York State is a charge of DWAI (Driving While Ability Impaired). If you are pulled over and have a BAC of less than 0.08, you will likely be charged with DWAI. This is a noncriminal offense that won’t impact your license or carry points, but it does have consequences. Even if your alcohol level is below the legal amount, if an officer deems you to be drunk because of your behavior, you can be charged with a DWAI.

DWI (misdemeanor):

Driving While Intoxicated, DWI, is a drunk driving charge in New York State for driving with a BAC of .08 or higher. DWI is a misdemeanor, and a conviction can result in up to one year in a local county jail. Jail time is unusual for first-time offenders who have no prior convictions especially if no one was injured as a result.  

Regardless of your blood alcohol content, you can be charged with Common Law DWI if the officer arresting you can prove that you were intoxicated and unable to operate your vehicle safely as a result of your intoxication. This would result in a misdemeanor DWI charge even if your blood alcohol content is lower than the legal limit.

DWI (felony):

You can be charged with DWI as a felony if you are charged with DWI twice within ten years or if you have a passenger under the age of 15 or in the vehicle when you have a BAC of .08 or higher.  There are a dozen other versions of DWI, from Boating While Intoxicated to DWI While Driving a Special Vehicle, and the consequences vary depending on your age, how much you have had to drink, the type of vehicle you are driving, and who or what is in your vehicle.

The best way to avoid any DWI is to simply not drink before you drive, but we understand that no one is perfect. If you have been charged with a DWI, contact us. We can help.