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.
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.
