If you’ve been stopped by police in Queens and charged with driving under the influence, you might be wondering: what’s the difference between a DUI and a DWI in New York? While many states use the term DUI (Driving Under the Influence), New York law takes a different approach. Understanding these terms, and what they mean for your case, can make a big difference in how you move forward. At Addabbo & Greenberg Law, our Queens criminal defense attorneys have helped countless clients navigate these complex charges, and we know how confusing the terminology can be.

The Difference Between DUI and DWI in New York

In New York, the term DWI (Driving While Intoxicated) is the legal charge most people think of when they hear “DUI.” The state does not technically use “DUI” as a legal term, but the public still commonly refers to drunk driving that way.

• DWI in New York applies when a driver’s blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the limit is even stricter at 0.04%.
  
• DWAI (Driving While Ability Impaired) is another related charge, which applies when BAC is between 0.05% and 0.07% or when drugs impair a driver’s ability to operate a vehicle safely.
  

So, while people often use “DUI” in casual conversation, if you’re charged in Queens, you’ll likely be facing DWI or DWAI charges under New York law.

Penalties for DWI and DWAI in Queens

The consequences of a DWI or DWAI conviction in New York can be serious, even for a first offense. Depending on your BAC level, driving history, and whether there were aggravating factors (like an accident or minor passengers in the car), penalties may include:

• Heavy fines ranging from hundreds to thousands of dollars
  
• Driver’s license suspension or revocation
  
• Mandatory alcohol education or treatment programs
  
• Possible jail time, especially for repeat offenders
  

These penalties can disrupt your life in Queens — from commuting to work on the subway after losing your license, to higher insurance rates, to potential employment challenges.

Why Local Representation in Queens Matters

Queens is one of the busiest boroughs in New York City, with checkpoints, traffic stops, and patrols often set up around major routes like the Grand Central Parkway or the Van Wyck Expressway. Facing a DWI here means you’ll be dealing with local courts such as Queens Criminal Court in Kew Gardens.

Having an attorney who understands the local system is crucial. At Addabbo & Greenberg Law, we know the judges, the prosecutors, and the procedures unique to Queens, which can make a significant difference in how your case is handled.

Defenses Against DWI Charges in New York

Just because you’ve been charged with a DWI doesn’t mean you’ll be convicted. A skilled defense attorney can explore several possible defenses, such as:

• Challenging whether the traffic stop was lawful
  
• Questioning the accuracy of the breathalyzer or blood test
  
• Arguing that medical conditions or improper testing procedures influenced BAC results
  
• Highlighting violations of your rights during the arrest process
  

Every case is unique, but with the right defense strategy, it may be possible to reduce charges, minimize penalties, or even have your case dismissed.

Taking the Next Step After a DUI or DWI Arrest in Queens

Being arrested for DWI in Queens can feel overwhelming, but you don’t have to face it alone. The sooner you reach out to a defense lawyer, the sooner you can begin building a strong case. At Addabbo & Greenberg Law, we take the time to listen to your story, explain your options, and guide you through each step of the legal process.

If you’re facing DUI or DWI charges in Queens, NY, don’t wait. Contact Addabbo & Greenberg today to protect your rights and your future.

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Key Takeaways

• New York law uses DWI and DWAI, not “DUI,” though many people use the terms interchangeably.
  
• A DWI charge applies at 0.08% BAC or higher, while a DWAI applies between 0.05%–0.07% BAC or when drugs impair driving ability.
  
• Penalties in Queens can include fines, license suspension, jail time, and mandatory programs.
  
• Local representation is critical — Queens courts and procedures are unique.
  
• A defense attorney can challenge test results, the traffic stop, or procedural errors to help reduce or fight charges.

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