If you were arrested for a New York DWI (driving while intoxicated), an officer believed that you were operating a motor vehicle under the influence of alcohol and/or drug(s). The law enforcement officer believed that your motor skills, mental faculties, and reaction times were so poor that you weren’t able to drive safely. Driving with a blood alcohol content of .08% or greater is considered per se, or automatically, driving while intoxicated. Below we have outlined the most important information for you to inform yourself about New York DWI.
When you are arrested for a New York DWI, two separate cases start. There is the criminal court case, which determines fines, jail time, and other penalties. There is also the administrative side with the New York Department of Motor Vehicles. This hearing will determine the status of your driver’s license and suspension.
New York DWI Penalties
IMPORTANT: NEW YORK LAW STATES THAT YOU HAVE 7 DAYS FROM YOUR ARREST FOR YOUR ATTORNEY TO REQUEST A DRIVER’S LICENSE HEARING WITH DMV. It is crucial that you contact attorney schedules this hearing to avoid further problems with your driver’s license.
If you’re convicted of a first-time New York DWI, expect to pay fines and fees into the thousands of dollars and be subject to various penalties, including a maximum 1 year jail sentence. Your license will be suspended for 6 months and you may be required to install an ignition interlock device. You will likely be on probation for three years. Drivers found to be driving with a BAC in excess of 0.18%, known as aggravated DWI, can expect additional fines and penalties, including a one year suspension of their driver’s license.
If this is your 2nd New York DWI arrest within 10 years of your first DWI arrest, you’re going to be charged with a felony. You will serve a minimum of 5 days in jail. Your 2nd New York DWI will result in far higher fines – maxing out at $5,000! Your license with also be suspended for a minimum of 1 year.
New York DWI Lawyers
A DWI arrest is not a DWI conviction. New York DWI attorneys defend DWI offenses and drunk driving cases in New York. DWI attorneys will be able to offer you DWI defense strategies. New York DWI attorneys will handle the criminal DWI charges and most will assist in the administrative case with New York DMV to address your licensing issues.
General New York DWI Information
– If you’re convicted of a New York DWI and sentenced to probation, you will be required to install an ignition interlock device. You will be required to pay for the installation and maintenance for the duration of your probation or 6 months, whichever is longer.
– Another unique aspect of DWI law in New York is that all drivers have a qualified right to speak to an attorney before deciding whether to take/refuse the chemical test. Taking/refusing a chemical test can have far reaching consequences. Consult with your New York DWI attorney before making this decision.
– Although difficult to obtain, New York state law also has an alcohol or drug related infraction, DWAI (Driving While Ability Impaired), an infraction. Although possible, it is difficult to obtain a DWAI as a lesser conviction. Consult with your DWI attorney to determine if a DWAI, as a lesser charge, is possible.