Though many states use DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) interchangeably, New York doesn't use the term DUI. Instead, the state prefers to use DWI and DWAI to categorize and penalize impaired driving.
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Westchester Da’s Office Changes Dwi Refusal Plea Bargain Guidelines
In a DWI refusal policy change beginning in December of 2014, the Westchester DA’s Office will no longer reduce the first DWI misdemeanor to a violation DWAI if the driver refused to take the breathalyzer. Additionally, the same guideline change was made for a DWI where the driver has a BAC (blood alcohol content) of .14% or higher. This policy change is significant and puts Westchester County DWI and DWI refusal enforcement along the same lines as Nassau County.
Attorneys with DWI clients that are charged with DWI refusal of the breathalyzer, or blow with a BAC of .14% or more, will now need to take their case to trial to try to avoid a misdemeanor conviction.
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