Monday, August 15, 2016

Ithaca DWI lawyer: What is the Lesser Included Offense for DWI in New York?

Ithaca DWI Defense Attorney:
What is the Lesser Included Offense
for DWI in New York?



In this video, Attorney Larry Newman explains the Lesser Included Offense to a DWI charge in the state of New York... 

There are different levels of misdemeanor DWI charges in New York state. You could be charged with either Aggravated DWI (based on a Blood Alcohol Content of 0.18 or higher) or you can be charged with misdemeanor DWI "common law" or DWI over 0.08. However, as we explained in a companion video, a Lesser Included Offense is a crime or violation that has some (but not all) of the same elements as the larger crime. 

In a DWI context, DWI over .08 is a lesser included offense of Aggravated DWI. DWI over .08 has the same elements as Aggravated,but the BAC level is lower. 

There is a lesser included offense to regular misdemeanor DWI --it is called "Driving While Ability Impaired by Alcohol" (DWAI for short). 

DWAI is the lesser included offense to both DWI common law and DWI over 0.08 --because it has the same elements--just a lower level BAC (0.06-0.07)

If you have questions about a criminal case or DWI case in NY, call us: 

607-229-5184

BY NEWMAN & CYR

Or find us online! 

www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi


DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom. 

*Attorney advertising
*Educational Purposes only. Copyright 2016 NEWMAN & CYR PLLC.