When you are charged with a DWI in New York, you will face serious legal consequences. If you are facing DWI charges in New York you are probably wondering if there is a chance they can be reduced to a lesser offense. Depending on the circumstances, yes, a DWI charge can be reduced to a lesser sentence with less severe penalties. For more information on plea bargaining and your legal options, work with a skillful New City DWI defense attorney.
Although it is possible to have your DWI charges reduced, the options are generally limited. A prosecutor may, under certain circumstances, offer a plea bargain. If you accept the deal, you must plead guilty, however, you will be given a lesser sentence of either a DWAI (Driving While Ability Impaired) or reckless driving.
DWAI: DWAI is the traffic offense of operating a vehicle with a BAC of .05% to .07% and/or showing impairment due to alcohol or drug consumption. While this charge will still be penalized, it will not bring the same legal consequences as a DWI which is a misdemeanor criminal offense.
Reckless driving: Under certain conditions, you may be able to negotiate your charge down to a wet reckless, which is essentially just a reckless driving offense with the acknowledgment that alcohol was involved. New York state law does not actually allow prosecutors to use “wet reckless” like other states do.
The penalties for a DWI in New York generally include a 6-month license suspension, jail time of up to 1 year, and up to $1,000 in fines. Additional consequences include probation, mandatory use of an ignition interlock device, victim restitution, surcharges, additional fines, and more.
A DWAI can result in:
A reckless driving charge can result in:
Many individuals are unable to get their charges reduced and simply face the consequences of a DWI conviction. However, the implications of reduced charges can be appealing to many people. A reduction to a lesser charge will still have legal consequences but they are generally less severe than an intoxicated driving conviction. Spending less time in jail can mean a better chance at maintaining employment and personal relationships. Less significant fines can result in less or no debt due to a conviction. Avoiding certain convictions can also allow you to keep a clean or relatively clean record which can benefit your everyday life.
Talk to an experienced attorney about your case to learn more about your legal options and chances of getting your charges reduced.
© 2025 The Law Office of Kevin T. Conway. All rights reserved.
