In New York State, driving while intoxicated (DWI) is a major offense. If you find yourself in such a situation, it can feel like you have few options. But there is good news.
With the right guidance and knowledge, you can face your legal challenges and work toward an optimal outcome. The seasoned New York DWI attorneys at Schwartzapfel Lawyers can help. If you’re facing a DUI in New York State, call 516-342-2200 or contact us online for a free consultation.
What Does DWI Mean In New York?
DWI, or driving while intoxicated, refers to operating a motor vehicle while your blood alcohol content (BAC) is .08% or higher. This number represents the legal limit for most drivers in the state. If you’re caught driving with a BAC at or above this level, you’re automatically charged with a DWI — no need for additional evidence of impairment.
But a DWI isn’t the only driving offense related to alcohol. There’s also DWAI (driving while ability impaired), which covers those with a blood alcohol concentration of .05% to .07% or who show signs of driving under the influence of alcohol without reaching the .08% limit. DWAI may sound less serious, but it still comes with strict penalties.
What Is An Aggravated DWI?
If a DWI charge wasn’t bad enough, New York law also recognizes aggravated DWI, which applies if your BAC reaches .18% or higher. This charge comes with harsher penalties, including steeper fines, longer license suspensions, and the possibility of extended jail time.
Moreover, DWAI-Drug refers to drivers operating motor vehicles under the influence of drugs, prescribed or otherwise. The penalties for DWAI-Drug are similar to those of DWAI-Alcohol.
What Are The Penalties For A DWI Or DWAI In New York?
New York takes DWI and DWAI offenses seriously, and the penalties are proof. For a first offense, you can face:
- Fines: Between ($500) and ($1,000) for a first-time DWI offense. These fines can increase significantly if you’re charged with aggravated DWI.
- Jail Time: While not guaranteed, you could spend up to one (1) year in jail for a first-time DWI.
- License Suspension: A minimum of six (6) months suspension of your driver’s license.
- Ignition Interlock Device: Finally, you may be required to install an ignition interlock device in your vehicle. This device prevents you from starting the car until you pass a breathalyzer test.
A second DWI offense can lead to a Class E felony charge, which includes higher fines, longer jail time, and a license revocation lasting one (1) year. The more offenses you have, the harsher the penalties become. After a third DWI offense, you could be looking at a Class D felony, with fines up to ($10,000) and multiple years of jail time.
To learn more now, call Schwartzapfel Lawyers at 516-342-2200 or schedule your free consultation online today. No matter your situation, it will be our honor and privilege to fight for you!
What Is The DWI Standard For Commercial Drivers?
If you’re a commercial driver, the stakes are even higher. New York DWI law sets the BAC limit for commercial drivers at .04%. You’ll face DWI charges if caught above this limit, and the penalties can be even more severe.
Besides fines and jail time, a DWI conviction can also lead to the loss of your commercial driver’s license (CDL), which can cost you your livelihood.
What Is The Implied Consent Law?
New York’s implied consent law dictates that you must undergo a chemical test (breath, blood, or urine) if a police officer suspects you of driving under the influence.
If you refuse, you’ll face automatic penalties, including an immediate license suspension for at least one (1) year and a ($500) civil penalty. Refusing a sobriety test doesn’t mean you’re off the hook — it can still lead to DWI charges based on other evidence.
What Is The Zero-Tolerance Law?
For drivers under (21) years old, New York has a zero-tolerance policy. This law applies if a young driver is caught with a BAC between .02% and .07%. Note: While this might seem like a minor offense compared to standard DWI charges, it can still result in a license suspension and fines.
How Can Legal Representation Help?
Facing a DWI charge can be stressful, especially with the possibility of heavy fines, jail time, and a criminal record. The best way to protect yourself is to seek legal representation. A seasoned DWI lawyer can review the details of your case and ensure your rights are maintained.
Remember, you don’t have to face this alone. Call the experienced DWI attorneys at Schwartzapfel Lawyers at 516-342-2200 for a free consultation and/or case evaluation.
What To Expect After A DWI Arrest
Once you’ve been arrested for a DWI, the process can move quickly. To that end, here’s what typically happens next:
Arraignment
After your arrest, you will likely appear in court for an arraignment, where you’ll be formally charged and asked to enter a plea. This is where having a skilled defense lawyer by your side is crucial.
License Suspension
If you’re convicted of DWI, you’ll face an automatic license suspension. In some cases, you may be eligible for a conditional license allowing you to drive to work, school, or medical appointments during the suspension period.
Fines And Penalties
Depending on your BAC and whether this is your first offense, you can face fines ranging from ($500) to ($10,000), as well as potential jail time.
Ignition Interlock Device
In many cases, you will also likely be required to install an ignition interlock device in your vehicle. This device ensures you cannot drive unless you pass a breathalyzer test every time you start the car.
Defending Against DWI Charges In New York State
If you’re facing DWI charges, your skilled defense attorney can work to challenge the state’s DWI case. They will examine the evidence, investigate potential violations of your rights, and explore all possible defenses to help you achieve the best possible outcome.
With this in mind, you shouldn’t wait to call Schwartzapfel Lawyers at 516-342-2200 for a free consultation and so much more. Remember, you only have a limited time to protect your rights, so make sure you do everything you can to secure a favorable outcome today.
Don’t delay, call now!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
Chapter 9: Alcohol and Other Drugs | NY Department of Motor Vehicles
Penalties for Alcohol or Drug-Related Violations | NY DMV
Frequently Asked Questions About DWI and Leandra’s Law | NY DCJS
To All Operators of Motor Vehicles in New York State | DFS NY
