DWI in New York State

What is DWI in New York State? What possible punishments may I receive? Why should I hire an experienced attorney if I am charged with DWI in the state of New York?

Drunk driving in the state of New York is formally called driving while intoxicated, or DWI. A DWI is defined as the following:

If your blood alcohol concentration or BAC is 0.08% or more and you are over the age of 21

If your BAC is 0.04% or more and you are driving a commercial vehicle

If your BAC is 0.02% or more and you are under the age of 21

The list of charges that can be filed if you are caught violating the law are listed below. There are very serious consequences when charged with a DWI in the state of New York. I will outline possible punishments for first time offenders. If you are a second time offender, immediately hire an experienced attorney because the penalties that you face are quite substantial. Other charges that you could face depending on your circumstances under the driving under the influence law include:

Driving While Ability Impaired by alcohol or DWAI/Alcohol 1st time offender penalties include, license suspension for 90 days, a $300-$500 fine, a min of $250 annual assessment fine, for a total of $750 over 3 years and this is part of New York State’s Driver Responsibility Program, up to 15 days in jail, and enrollment in the New York Drinking Driving Program (DDP) and all costs.

Driving While Ability Impaired by drugs or DWAI/Drugs 1st time offender penalties include, license suspension for 6 months, $500-$1000 fine, up to one year in jail, a min of $250 annual assessment fine, for a total of $750 over 3 years and this is part of New York State’s Driver Responsibility Program, enrollment in the New York Drinking Driving Program (DDP) and all costs.

Driving While Ability Impaired by alcohol and drugs, or DWAI/ Combination 1st time penalties, see above DWAI/Drugs. Same penalties apply

Aggravated DWI, or A-DWI is having a BAC 0.18% or more. 1st offense license revocation for at least one year, up to a year in jail, $1000-$2500 fine, a min of $250 annual assessment fine, for a total of $750 over 3 years and this is part of New York State’s Driver Responsibility Program, enrollment in the New York Drinking Driving Program (DDP) and all costs.

If you are under the age of 21 and your BAC was 0.02% or higher, you have violated New York’s Zero Tolerance Law. If you are a first time offender, you can expect to face a license suspension for 6 months, $125 fine, $100 fee for suspension termination, enrollment in the New York Drinking Driver Program (DDP) and the all associated costs.

If you refuse a chemical test, (under New York’s Implied Consent Law you give your consent to be tested for drugs and alcohol), the 1st offense penalties include a min of $250 annual assessment fine, for a total of $750 over 3 years and this is part of New York State’s Driver Responsibility Program, license revocation for at least one year, (a year a half for commercial drivers), and $500 fine.

If you are charged with Driving While Intoxicated in New York State, and it’s your first offense, it is wise to hire an experienced attorney. Even though it’s only your first time, the penalties are very severe and an attorney may help lower the penalties that you will incur. When you face a judge, don’t you want a qualified DWI attorney standing next to you to help you through the process? Just like anything, an expert can always help.