Introduction to State-Specific Terminology for Driving Offenses
Not sure about the difference between a DUI, a DWI, and an OWI? You are not alone! All three of these words simply mean to be caught while driving under the influence of alcohol or drugs. The only thing is that different states use different words for the same crime! In this blog, we will break down the differences between these terms so that you will know precisely what they mean. We can also discuss the impact of such charges on you and what the law states in areas such as New York. Such knowledge is invaluable, not just for the criminal defense attorney lawyers but for all the drivers!
What is DWI, DUI, and OWI?
Driving While Intoxicated (DWI) is defined as driving a vehicle while having a blood alcohol concentration of 0.08% or more which is the legal limit in New York state. This charge relates to alcohol consumption and is applied to deter drivers from causing car accidents due to alcohol influence for the safety of the driver and the public.
DUI stands for Driving Under the Influence, which means driving while under the influence of alcohol, illegal drugs, or certain prescription drugs. While referring to DWI, DUI does not need a BAC of 0.08% to be charged. It covers various scenarios including being in control of a vehicle while impaired even if you’re not driving it.
OWI is much like DUI, and it stands for Operating While Intoxicated and commonly means driving under the influence of any substance. Even though it is not specifically classified into New York law, it falls under the same category as DUI, which focuses on the operation of a vehicle while under the influence.
Legal Consequences of DUI, DWI, and OWI in New York
The consequences of DUI in New York vary depending on the degree of the offense and whether it is a first or repeat offense. A first-time DUI offender is likely to receive a fine ranging from $500 to $1,000, license suspension for not less than six months, or even imprisonment. Second and subsequent convictions committed within ten years attract stiffer measures such as longer terms of imprisonment, stiffer fines, and suspension of the license permanently or for a longer period.
DWI penalties are also strict, particularly for repeat offenders. For a first offense, the penalties are fines ranging from $500 to $1,000 and license suspension for at least six months though imprisonment is not normally obligatory. The second offense within five years is punished by five days of imprisonment or thirty days of community service, and the third offense within ten years by ten days of imprisonment or sixty days of community service. Other consequences may be a longer suspension of license, compulsory attendance of an alcohol education course, and installation of an ignition interlock device.
While New York mainly differentiates between DUI and DWI, the penalties for OWI would likely be similar to those for DUI. Operating a vehicle while under the influence of certain substances is unlawful as the law provides stiff measures to avoid offenders from endangering the lives of others. Increased penalties are given if impaired driving leads to an accident, harm, or death.
Impact on Insurance Records
Many people do not realize that when a driver is convicted of DWI, DUI, or OWI, they are not only legally in trouble but it also impacts their insurance. A DUI conviction can boost your insurance premiums for up to 10 years because insurance companies consider your records to check for major violations for about 3-5 years or even longer.
Electric car insurance costs can increase significantly because drivers with DUIs are considered high-risk. Insurers may not only raise the premium levels but also reduce the choices available to the consumer and make it a nightmare to get affordable insurance.
Possibility of Sealing Driver’s Records
In New York, one can get a chance of sealing the DUI or DWI convictions and this can greatly minimize the impacts it will have on the remaining part of their life. The law permits the sealing of one felony and one misdemeanor, or two misdemeanors if the crimes are over ten years in the past and other conditions are met.
Sealing your records can help eliminate the stigma and restrictions associated with a criminal record, allowing you to seek work and obtain licenses without much difficulty. A competent DUI defense attorney can help explain to you the process of record sealing as an opportunity for a new beginning for those who qualify.
The Role of a Defense Lawyer
A defense lawyer is required in cases of DUI and DWI. A reasonable DUI defense attorney will be knowledgeable in the law and help you fight for the best desirable results in your case. They analyze your case in detail, gather evidence, cross-question the witnesses, and negotiate with the prosecutors.
There are also all the little tricks they can be very good at noticing in a breathalyzer or sobriety test—something that might prove all the difference. Additionally, if you qualify, an attorney can assist in sealing your record, helping to provide a fresh start in life. As the DUI and DWI laws in New York come with severe consequences, the existence of a defense attorney becomes of great necessity to protect your rights and future.
Protect Your Future with a Skilled DWI and DUI Defense Attorney Today!
It is essential to understand the difference between DWI, DUI, and OWI, especially if you’re facing charges that could dramatically impact your life. Each of these terms refers to a different kind of offense related to impaired driving, and each has legal implications.
However, to deal with these driving offenses, getting an excellent criminal defense attorney at The Law Offices of Steven S. Siegel PLLC would make a difference. Our skilled criminal defense attorney will help in the reduction of the fines, putting a stop to license suspensions, and, to an extent, sealing criminal records. Plus, they can be beneficial in getting guides or advocacy upon your first offense or subsequent violation.
If you’ve been caught up in such driving offenses and need immediate legal help, don’t hesitate to call at 1-855-394-2447 or email steven@dwilawteam.com today!
