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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

NYC DWAI First Offense Lawyers

DWAI stands for Driving While Ability Impaired. This is a criminal offense that may result in large fines, jail time and suspension of a driver’s license. It differs from a DUI in that the driver has consumed alcohol or drugs to the extent that he or she is not able to exercise clear judgment. The driver’s blood alcohol content may be less than the legal limit of .08, but he or she may still be driving unsafely.

The Arrest
Arrest for DWAI typically begins with a failed roadside sobriety test after you are seen driving erratically. The arresting officer may ask that you stand on one foot or walk in a straight line. You will be handcuffed and taken to jail as your car is towed and impounded.

Once you are arrested, you will be asked to take a BAC test. In operating a vehicle, you are giving consent to chemical testing of your breath, blood or urine for blood. If you refuse, you may be required to outfit your car with an ignition interlock device for up to two years.


George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

A first offense DWAI offers several administrative penalties. Among these is a three month suspension of the driver’s license. Additionally, the driver’s license will have up to 12 points added to it. Completion of a treatment program for substance abuse allows for reinstatement of the license. Some drivers are also required to use ignition interlock devices, which check a driver’s BAC, when they drive.

Additionally, drivers with first offense DWAI convictions are typically required to spend at least two days and up to 180 days in jail. Drivers are also subjected to fines up to $500.

Harsher penalties may be imposed upon those who involved a child in the intoxicated driving, who were driving without licenses or who caused serious injury or death from behind the wheel.

Is it a DUI or DWAI?
The main difference between a DUI and a DWAI is the blood alcohol content. A BAC above .05 but below .08 is likely to lead to a DWAI charge. A BAC above .08 leads to a DUI.

Should You Hire a Lawyer?
The financial burden of a DWAI — even a first offense — is nothing to turn your nose at. If you are found guilty, you may miss work and spend time in jail. Fortunately, legal counsel may help to ensure that this does not happen.

It is always wise to hire a lawyer as soon as you have been arrested and charged with a crime. Your defense attorney will fight for you in court, ensuring that your rights have not been violated. In many situations, cases are thrown out simply because the rights of the defendant were not respected.

NYC DWAI – Second Offense Lawyers

The acronyms DWI and DUI are familiar to most people, but those same individuals may be hard-pressed to figure out what DWAI stands for, or what the difference is between each of the terms. In truth, it stands for Driving While Ability Impaired, and is based on a small range with regard to blood alcohol content (BAC).

That BAC range is generally greater than .05 and less than .08, which is the legal definition of drunk driving. In the case of those arrested for DWAI due to drugs, a determination is made


Individuals who are charged in DWAI cases should be aware that a first-time arrest for this is only considered to be a traffic violation, whereas a full-fledged DUI or DWI is a criminal misdemeanor.

The reason DWAI may not be as widely known as the others involved is the fact that only two states: New York and Colorado, have this select branch of the DWI/DUI tree.

The cause of the DWAI could play a role in any subsequent sentence, due to the differences between alcohol and drugs, or any combination of the two. The usual sentence will often mirror that of a DUI—the effect on a person’s driving record is where this can possibly be a benefit.

A Second DWAI in New York

However, when a person is arrested for a second DWAI within five years of the previous date of conviction, the penalties become harsher, with the fines and potential jail time effectively doubling.

For example, in New York, the fine is from between $500-$700 and up to 30 days in jail, or both. That’s followed a license suspension that’s at least six months. In addition, the individual has to undergo alcohol evaluation, and/or rehabilitation. An official note citing completion of it then has to be presented to the Department of Motor Vehicles.

During this time, the individual won’t be eligible for a conditional license, which would allow them to use their vehicle to get to work, school or deal with specific errands.

It’s possible in some cases that if the prosecutor or presiding judge feels that this subsequent arrest was especially egregious, they can revoke the license registration for six months or longer.

Additional Restrictions

Other restrictions and costs include a surcharge as well as assessment of driver responsibility. In the latter case, that must take place once a year for three straight years, and will cost $250 each time.

The final requirement is meant to show the emotional impact of the effects of alcohol-based offenses. Here, the individual must attend a Victim Impact Panel, where people whose family members or friends have died in these type of accidents, speak to them.

Invaluable Legal Help

This issue is serious enough that having proper legal representation is imperative to making sure that the situation is approached in the proper manner. Without it, the chances for more severe sentences exist.

NYC DWAI – Third and Subsequent Offenses Lawyers

Driving while ability impaired, or DWAI, is a traffic infraction that carries some serious penalties. The potential punishments you face get more substantial when you have multiple offenses. A third offense carries the maximum penalties possible. You should know about the penalties for third and subsequent DWAI convictions.

License and Registration Revocation

If you have been convicted of a third DWAI within a decade, then your license is going to be automatically revoked. The law states that it must be revoked for no less than six months. The judge could easily increase this to a year or more if the incident was very serious. Additionally, the judge has the discretion to revoke the registration for your vehicle. If this occurs, then your registration will be revoked for a minimum of 180 days as well.

Mandatory Fines

Third and subsequent convictions carry mandatory fines. You can be ordered to pay a minimum of $750 and a maximum of $1,500 depending on the circumstances. This is unavoidable. You are also going to be required to pay a surcharge of around $400 depending on exactly where the charges are filed in the state.

Possible Time in Jail

You can be sent to jail if you are convicted of DWAI for a third time. The likelihood of going to jail will increase with each subsequent offense after that. You can be placed in jail for up to 180 days. Alternately, you might get no jail time depending on the details of the case.

Driver Responsibility Assessments

Another penalty you will have to face after a third or higher DWAI offense is an annual driver responsibility assessment. The assessment is a monetary fine that you need to pay when convicted of certain traffic offenses. The fine is $250. You must pay this for the next three consecutive years after the conviction in addition to any other penalties or fines. The fee is required even if you do not regain your license.

Rehabilitation for Relicensing

If you want to get your driver’s license back at the end of the revocation period, then a third DWAI offense means you will have to show some evidence of rehabilitation before the possibility is even considered. You will need to attend a licensed substance abuse recovery program and complete it successfully. While not being part of the law, this is almost always required.

Use Ignition Interlock Devices

If you do eventually get a license again, then you are going to go through a probationary period. You will be required to use an ignition interlock device on your vehicle during this time. The device is usually something that tests your breath for alcohol before the car will start. Some also require testing while you are driving. You are required to pay monthly fees for using the ignition interlock device.

Go To a Victim Impact Panel

A final penalty for a third or subsequent DWAI offense is attending a victim impact panel. You might have to attend just one or multiple panels. These sessions involve presentations by law enforcement, experts and victims of DWAI accidents. The panels are designed to show the consequences of driving while impaired.

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