Driving While Intoxicated, Driving While Impaired, Driving Under the Influence
Driving Under the Influence, Driving While Intoxicated, Driving While Ability Impaired. These are just a few of the many names states have come up with to describe Drunk Driving. No matter what offense you’ve been charged with, do not make the mistake of thinking this is just another traffic ticket. It’s not. Drunk Driving based offenses are serious criminal cases that put not only your reputation, but your freedom in jeopardy.
What are Drunk Driving Offenses in New York City?
In New York, for those who are 21 years of age or older, a Blood Alcohol Content (BAC) of more than .05 percent is legal evidence that you are impaired and can lead to an arrest for Driving While Ability Impaired (DWAI) under New York Vehicle and Traffic Law § 1192.1.
A BAC of .08 percent or higher is evidence of intoxication and can lead to an arrest for Driving While Intoxicated (DWI) under New York Vehicle and Traffic Law § 1192.2.
A BAC of .18 percent or more is evidence of aggravated driving while intoxicated and can lead to an arrest for Aggravated Driving While Impaired (DWI) under New York Vehicle and Traffic Law § 1192.2(2-a).
What are Drunk Driving Offenses in Chicago?
Like New York, the vast majority of drunk driving charges are misdemeanors. The clearest difference, however, is Illinois describes these offenses as “driving under the influence,” aka D.U.I., charges under 625 ILCS 5/11-501(a).
A straightforward D.U.I. may become a felony when certain aggravating factors are present. For instance, being arrest for a third D.U.I., committing D.U.I. while you did not have a valid driver’s license or insurance, or causing an accident while driving under the influence can all result in a felony charge.
Fighting Drunk Driving Charges
Though drunk driving charges are serious, they can be successfully defeated or reduced to lesser charges. Notably, even if you did not do well on the field sobriety tests or blew over .08, this evidence may never see the light of day if the officer had no basis to pull you over in the first place. Mr. Bolotin has filed successful motions to suppress that convinced the court that the initial stop was unconstitutional which lead to every field sobriety being thrown out.
Even if the evidence was obtained lawfully, you may have trial arguments as well. For instance, the mere odor of alcohol, blood shot and water eyes, and slurred speech is not proof beyond a reasonable doubt that you were driving under the influence. Moreover, law enforcement routinely fails to administer sobriety tests correctly.
Facing Drunk Driving Charges? Contact Adam Bolotin Today.
If you or a loved one are facing drunk driving charges, do not believe for a second there is no hope. Adam Bolotin is an aggressive criminal defense attorney that will expose every hole the prosecutor’s case. Call NYC: (646) 368-8688 | CHI: (312) 626-2602 or click here to schedule a free consultation.