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The penalties for Driving While Intoxicated

The penalties for Driving While Intoxicated (DWI) are becoming more and more intense across the nation. From increasing criminal charges to the lowering of legal Blood Alcohol Content (BAC) limits, DWIs are serious legal situations. If you’ve been arrested for driving while intoxicated, know that all hope is not lost, and you should call an experienced DWI lawyer in New York immediately. Our team understands the stress that can come with Driving While Intoxicated (DWI) charges. At The Law Office Of Gina M Wicik, we make it our primary goal to provide clients like you with the fierce and knowledgeable representation necessary to ensure your rights are protected.

To schedule a free consultation with our DWI/DUI attorney, call us at 516-253-4278 or fill out our convenient and confidential online form at the bottom of this page.

DWI Charges and Penalties in New York

Driving While Intoxicated (DWI)

Driving While Intoxicated (DWI) – 0.08 or higher, Blood Alcohol Content (BAC), or other evidence of intoxication; this first-time conviction may come with a fine of $500 to $1,000, up to a 1-year jail sentence, and a 6-month driver’s license revocation.

Driving While Ability Impaired (DWAI/Drug)

This first-time conviction may come with a fine of $500 to $1,000, up to a 1-year jail sentence, and a minimum 6-month driver’s license revocation.

Aggravated DWI

0.18 BAC or higher; this first-time conviction comes with a mandatory fine of $1,000 to $2,500, up to 1 year of jail time, 2-3 years probation and a license suspension for at least 1 year, A Driver Responsibility Assessment (DRA)of $250.00 a year for a term of 3 years, and mandatory installation of an Ignition Interlock Device (IID) in any motor vehicle you own or operate during the term of your probation or conditional discharge for no less than 6 months time.

Driving While Ability Impaired by Alcohol (DWAI/Alcohol)

0.05 BAC but less than 0.07 BAC or other evidence of intoxication; this first-time conviction may result in a $300 to $500 fine, up to 15 days in jail, and a 90-day revocation of driving privileges.

Chemical Test Refusal

If a driver declines to take a chemical test, such as a breath, blood, or urine test, the driver may incur a $500 civil penalty and have their driver’s license revoked for at least 1 year. The driver will also have to attend a refusal hearing in addition to any criminal hearings.

Zero Tolerance Law

For those under the legal drinking age limit of 21, a read of 0.02 to 0.07 BAC could result in a $125 civil penalty and a fee to terminate suspension and a license suspension of 6 months.

This first-time conviction may come with a fine of $500 to $1,000, up to a 1-year jail sentence, and a minimum 6-month driver’s license revocation.

What are the penalties for DWI in New York

A first-time DWI is typically charged as a misdemeanor, however, certain circumstances can increase the charge to a felony. Such as having a minor in the car (Leandra’s Law), or an intoxicated driver causing severe bodily injury or death as a result of their driving.

Typically, penalties for a first-time misdemeanor DWI include of fine of anything between $500.00 and $1,000.00 plus surcharges, up to 1 year in jail, two or three years probation, a minimum of a 6-month license suspension, A Driver Responsibility Assessment (DRA)of $250.00 a year for a term of 3 years, and mandatory installation of an Ignition Interlock Device (IID) in any motor vehicle your own or operate during the term of your probation or conditional discharge for no less than 6 months time. However, at sentencing you may be eligible for a conditional license.

If you’ve been charged with a DWI in New York, you should consult a lawyer. Depending on your circumstances, your attorney may be able to work with the State to reduce your charges or have your charges dismissed entirely.

A Second DWI (within a time frame of 10 years the DWI is typically charged as a felony). However, if the second DWI is charged as a misdemeanor offense a fine between $1,000 and $5,000.00 may be assessed, possibility of jail up to one year. Mandatory suspension of at least 1 year. A Driver Responsibility Assessment (DRA)of $250.00 a year for a term of 3 years, and mandatory installation of an Ignition Interlock Device (IID) in any motor vehicle your own or operate during the term of your probation or conditional discharge for no less than 6 months time.

A Second DWI which is charged as a Felony, usually a Class E Felony, can carry fines from $1,000.00 to $5,000.00, up to four years in prison, 3-5 year probation, a mandatory license suspension of a minimum of 1 year, a Driver Responsibility Assessment (DRA)of $250.00 a year for a term of 3 years, and mandatory installation of an Ignition Interlock Device (IID) in any motor vehicle your own or operate during the term of your probation or conditional discharge for no less than 6 months time.

A Third DWI in NY within a 10 year period is a Class D Felony. This can result in a permanent revocation of your driver’s license through the DMV. The minimum fine is between $2,000.00 and $10,000.00 and three is a minimum 10 day jail sentence (which sometimes can be substituted for a 60 day community service sentence, up to 7 years in prison, and a license suspension of a minimum of 18 months time.

Don’t Plead Guilty to Multiple DWI CHARGE

Second and subsequent DWI Offenses are serious matters, which should not be taken lightly. The penalties are severe and serious, but they are not an impossible fight. Just because you have been arrested and accused does not mean you will be convicted. Hiring an attorney to fight these charges for you is imperative.

Consulting a lawyer after a DWI is highly recommended. You do not have to handle this alone, Gina M. Wicik is. Trustworthy, experienced DWI lawyer who will stand by your side and fight for your rights.

Can a DWI be dismissed in NY?

Yes, you can get a DWI dismissed in New York. Getting DWI’s dismissed can prove to be difficult, and it is virtually impossible without a DWI lawyer. Typically, your lawyer will try to reduce the consequences of your DWI as much as possible, considering the harsh penalties .

Our DWI attorney will walk you through the possibilities of DWI dismissal and potential reduction of charges and penalties.

Can I Get the Charges Reduced?

Yes, DWI charges can be reduced in the state of New York under the appropriate circumstances. Our knowledgeable DWI lawyer will walk you through the possibilities of decreasing your charges based on the facts of your specific case and your past record.

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