Driving While Intoxicated

"DWI"

New York aggressively enforces its DUI/DWI laws.  You need a skilled attorney to fight them effectively.  New York’s DUI/DWI charges are determined by your blood alcohol content, often referred to as a “BAC”. 

Most drivers in New York State over the age of 21 are considered to be in violation of the DUI/DWI laws if they are driving with a BAC of .08%.  However, there are other BAC levels applicable to different drivers and charges, for example, you may be charged with a DUI/DWI in New York if you are:

  • Over the age of 21 and have a BAC of .08%

  • Under the age of 21 and have a BAC of .02%

  • A commercial driver and have a BAC of .04%

  • If you have a BAC of .18%, or have a passenger 15 years old or younger at the time of a DWI arrest, you may be charged with aggravated DWI. 

Sobriety Tests:

If you are stopped by an officer and the officer suspects you of being intoxicated, the officer will ask to perform a field sobriety test.  These can include certain exercises to ascertain your coordination, and may include a breathalyzer.  If you refuse to take a breathalyzer, your license will be automatically suspended for up to one year, and fined up to $500. 

DWI Penalties:

  • DWI - A BAC of .08% or the appearance of significant impairment will result in a charge of DWI.  Conviction can result in a sentence of up to one year of imprisonment, a fine of $1000 and revocation of a driver’s license for six months or more.  A first DWI conviction is a misdemeanor. 
     

  • A Second DWI conviction: If, within 10 years of a first DWI conviction, a person is convicted a second time, the second conviction is a Class E felony.  This carries the possibility of imprisonment up to four years, a $10,000 fine, and revocation of a driver’s license for one year or more. 
     

  • A Third DWI conviction: If, within ten years of any prior DWI-related conviction, a person is convicted of a third DWI, A Third DWI conviction within ten years of any prior DWI conviction, the third conviction is a Class E felony.  This carries the possibility of imprisonment for up to seven years, a $10,000 fine, and revocation of a driver’s license for one year or more. 

Aggravated DWI Penalties: 

Aggravated DWI: An aggravated DWI results from a BAC of .18%, or have a passenger 15 years old or younger at the time of a DWI arrest. 
 

  • First Aggravated DWI Conviction: A first conviction can result in up to one year of imprisonment, a $2,500 fine and revocation of a driver’s license for one year or more. 
     

  • Second aggravated DWI Conviction – If, within ten years of a first DWI-related conviction, a person is convicted of a second Aggravated DWI, this second conviction is a class E felony which, in addition to potential imprisonment and significant fines, includes revocation of a driver’s license for 18 months or more. 
     

  • Third aggravated DWI – If, within ten years of a previous DWI-related conviction, a person is convicted of a third Aggravated DWI, this third conviction is a class D felony which, in addition to potential imprisonment and significant fines, includes revocation of a driver’s license for 18 months or more. 

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