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
An aggravated DWI is not just another DWI charge 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. It’s a more serious offense, typically associated with a Blood Alcohol Content (BAC) of 0.18 or higher. Aggravating factors that can lead to this charge include having a minor in the vehicle or having a prior DWI conviction within a 10 year span. The stakes are high, and the penalties are severe, potentially including incarceration, hefty financial fines, and license revocation.
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. If you need more information check our FAQ page.
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.
Felony DWI/DUI
In some cases, DWI/DUI charges can escalate to the level of a felony. Felony DWI/DUI charges in New York involve more serious circumstances, such as multiple offenses or causing injury or death. These charges carry severe penalties, and navigating them requires the expertise of an experienced legal team.
Potential penalties for a felony DWI conviction in New York may include fines, imprisonment, and license suspension. Specific laws, such as Leandra’s Law, impose stringent penalties for driving under the influence with a minor aged 16 or younger in the vehicle. The potential prison sentences associated with a DWI conviction in New York vary, depending on the severity of the offense and the individual’s prior record, leandra’s law minimum sentence ranging from a few days to several years.
What are the penalties for DWI in New York
First DWI
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.
Second DWI
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.
Multiple DWI
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.
Implied Consent and Breathalyzer Refusal
In New York, drivers are bound by implied consent laws, which mandate that drivers must consent to chemical testing. This means that when you get behind the wheel in New York, you’re implicitly agreeing to submit to chemical tests to determine your level of intoxication if pulled over.
Refusing a breathalyzer test in New York can have significant consequences. A refusal will result in immediate suspension and revocation of the driver’s license, and this refusal can be used as evidence in court.
It’s an uphill battle, but with the right legal team in your corner, it’s a battle you don’t have to fight alone.
Challenging Field Sobriety Test Results
Field sobriety tests form a critical part of the DWI/DUI arrest process. These tests, conducted by law enforcement officers, are designed to assess your balance and concentration, providing a subjective measure of your sobriety.
However, these tests are far from foolproof. In fact, field sobriety tests are known to be highly inaccurate and subjective, easily impacted by factors such as the officer’s experience, the environment, and the suspect’s physical condition. Our attorney is adept in identifying and exploiting these inconsistencies, challenging the validity of the field sobriety tests to undermine the prosecution’s case.
Fighting Chemical Test Evidence
Chemical tests, such as breath and blood tests, form another pillar of the DWI/DUI arrest process. These tests are designed to measure the presence of alcohol or drugs in a person’s body, providing empirical evidence of intoxication. But like field sobriety tests, they’re not infallible.
Common errors in chemical tests include human errors, equipment malfunction, and improper calibration. Our attorney is experienced in challenging these tests, questioning the accuracy of the test results, the validity of the test, and the qualifications of the person who administered the test.
By fighting chemical test evidence, we can weaken the prosecution’s case, increasing your chances of a favorable outcome.
Our Client-Centric Approach to DWI/DUI Defense
At the heart of our DWI/DUI defense strategy is our commitment to our clients. We believe that every client deserves personalized attention, open communication, and a defense strategy tailored to their unique circumstances. We’re not just here to represent you in court; we’re here to guide you through every step of the process, ensuring that your rights are protected and that you’re informed at every stage.
At Law Office Of Gina M Wicik, we’re dedicated to providing the highest quality legal representation and safeguarding the rights of our clients throughout the process to ensure the best possible outcome. As one of the leading law offices in New York and New Jersey, our commitment to excellence is unwavering.
Do I need a lawyer for DWI in NY?
If you’re facing a DWI in New York, the best course of action is to examine the evidence and see if there is enough for a conviction, if procedural mistakes were made, or if the evidence is insufficient. Taking these steps may help your case and could lead to dismissal of charges.
Can you beat a DWI in New York?
It is possible to beat a DWI in New York with the help of a defense attorney and favorable circumstances. Real-life cases suggest there are common arguments that can lead to a dismissal.
What is the primary focus of your law firm’s DWI/DUI defense?
Our primary focus as expert New York City DWI lawyers is to ensure the best possible outcome for our clients.
What is the first offense for a DWI in NY?
A first-time DWI offense in New York is a misdemeanor criminal offense, and can result in a fine of $500-$1,000, potential jail time of up to one year, six months minimum license suspension, and the installation of an ignition interlock device.
The consequences of a DWI conviction can be severe, and it is important to understand the potential penalties and consequences of a DWI conviction. It is also important to understand the legal process and the options available to those facing a DWI charge. An experienced DWI attorney can help you understand the legal process and the potential consequences of a DWI conviction.
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