CRIMINAL DEFENSE
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”.
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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:
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Over the age of 21 and have a BAC of .08%
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Under the age of 21 and have a BAC of .02%
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A commercial driver and have a BAC of .04%
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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.
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Sobriety Tests:
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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.
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DWI Penalties:
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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.
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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.
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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.
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Aggravated DWI Penalties:
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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.
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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.
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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.
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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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