Ithaca DWI Lawyer: How Prior Out of State DWI/DUI Can Affect Your Current NY DWI?

Описание: http://www.ithacadwi.com

This video is about how your out-of-state prior DUI/OUI/OWI/DWI
dui = driving under the influence
oui = operating under the influence
owi = operating while intoxicated
dwi = driving while intoxicated

Priors Can Be Used Against YOU

The Good News

A first out-of-state offense like DWI/DUI/OUI/OWI (from any state) will be treated as a DWAI (VTL 1192 (1)) driving while ability impaired for LICENSE purposes only. This means a New York license suspension of 90 days with NO ignition interlock and NO three year $750 surcharge either.

The Bad News

A prior out-of-state offense like DWI/DUI/OUI/OWI (from any state) will be treated as a DWAI (VTL 1192 (1)) driving while ability impaired for LICENSE purposes only and it Can Be Used to Enhance YOUR CURRENT DWI to a Class E Felony Level DWI Offense.

If your prior happened within 10 years of your current New York DWI then this one can be raised up to the felony by the DA. It may not be charged at roadside or back at the police station. It may be brought up by the prosecutor many weeks or months after the initial misdemeanor charges.

So if you have a November 10, 2014 DWI and had a Oregon DUI on November 11, 2004, then this NYS DWI can now be enhanced to a FELONY DWI.

Can they do this? YES
When will they do this? Anytime after it is discovered
Will they always do this? It depends upon a number of factors

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

http://www.ithacadwi.com

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607-229-5184

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