Friday, November 14, 2014

Ithaca DWI Lawyer: Can a Prior Out-of-State DUI Affect Your New York State DWI?


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If you have a prior out-of-state DWI then you will potentially have greater issues with your current New York State DWI case.

So Many Acronyms of DWI

Remember if you have an (OWI) Operating While Intoxicated charge or a (DWI) Driving While Intoxicated charge or a (OUI) Operating Under the Influence charge or a (DUI) Driving Under the Influence charge they will all be the same back in New York State for both purposes of licensure as well as potential enhancement.

Can ANY Prior DUI 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

If they don't see it then they can't charge it. If it was expunged (like a first PA DUI) then it is a non-conviction, and can't be used.

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


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607-229-5184

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