WHAT ARE THE PENALTIES FOR DWI IN NEW YORK?

ARRESTED? CALL A CARMEL DWI ATTORNEY!

Penalties for DWI convictions can vary widely, depending on whether the charge is a misdemeanor or felony and if it is the first offense or the defendant had a prior conviction. It is imperative that you contact an experienced DWI attorney New York immediately when you are accused of driving under the influence. The Law Office of Keith R. Murphy serves Westchester County in addition to Putnam County, and works hard to minimize DWI penalties for all of his clients.

Request your free consultation with our proven Carmel DWI defense team by contacting us online or calling (845) 584-7033 today! 

DWI Offense Penalties

• First Offense: In most cases, an initial conviction for DWI/DUI is a misdemeanor in New York. The penalties for a first offense may include probation, jail time of up to one year, a six-month driver’s license suspension, and a fine. In addition, you will need to have a drug and alcohol assessment prior to sentencing.
• Second Offense: A person charged with DWI within 10 years of the first conviction is charged with a Class E felony. The second conviction can result in jail time between 10 days and seven years, as well as 60 hours of community service. Fines can range from $1,000 to $5,000. In addition, you will be required to pay for an alcohol and drug assessment and installation of an ignition interlock device on your vehicle.
• Third Offense: If you are arrested a third time for DWI/DUI, the charge will be a Class D felony. A conviction carries a minimum sentence of 10 days, but the sentence could be as long as seven years. You will need to have an ignition interlock device installed on your vehicle and your driver’s license will be suspended for a minimum of one year.
• Underage DWI: The charges and penalties for DWI/DUI for underage motorists are more severe. The typical .08% Blood Alcohol Content (BAC) required for an adult conviction does not apply to minors. An underage driver can face charges for as little as a BAC of .02%.

What is a DWAI?

While you can be charged with a DWI in New York with a blood alcohol content (BAC) of .08 percent or higher. However, you may still face serious criminal charges if your BAC level is lower.

If your BAC is more than .05 percent but less than .07 percent, you could be charged with driving while ability impaired (DWAI) by alcohol. Additionally, if you are found to be operating a vehicle while under the influence of drugs you could be charged with DWAI by a single drug other than alcohol. Lastly, driving while impaired by a combination of drugs or alcohol can result in a DWAI.

The following is a breakdown of DWAI penalties in New York:

• First DWAI-Alcohol – A first offense for driving while ability impaired by alcohol is punishable by a maximum jail sentence of 15 days, a fine of up to $500, and driver’s license suspension for 90 days.
• Second DWAI-Alcohol – A second offense within five years for driving while ability impaired by alcohol carries a jail term of up to 30 days, a maximum fine of $750, and driver’s license revocation for at least six months.
• Third or Subsequent DWAI-Alcohol – A third or subsequent offense within 10 years for driving while ability impaired by alcohol is punishable by a jail sentence of up to 180 days, a fine no more than $1,500, and license revocation for at least six months.
• First DWAI-Drugs – A first offense for driving while ability impaired by a single drug carries a maximum jail term of up to one year, a fine not exceeding $1,000, and license revocation for at least six months.
• Second DWAI-Drugs – A second offense in 10 years for driving while ability impaired by a single drug is punishable by imprisonment for up to four years, a maximum fine of $5,000, and license revocation for at least one year.
• Third or Subsequent DWAI-Drugs – A third or subsequent offense in 10 years for driving while ability impaired by a single drug carries a maximum prison sentence of seven years, a fine of up to $10,000, and license revocation for at least one year.
• First DWAI-Combination – A first offense for driving while ability impaired by a combination of drugs and alcohol is punishable by a maximum jail term of one year, a fine no more than $1,000, and license revocation for at least six months.
• Second DWAI-Combination – A second offense in 10 years for driving while ability impaired by a combination of drugs and alcohol carries a prison sentence of up to four years, a maximum fine of $5,000, and license revocation for at least one year.
• Third or Subsequent DWAI-Combination – A third or subsequent offense in 10 years for driving while ability impaired by a combination of drugs and alcohol is punishable by imprisonment for up to seven years, a maximum fine of $10,000, and license revocation for at least one year. 

DWI/DUI Defenses in New York

• When facing DWI charges in New York, there are several potential defenses that may be used to challenge the case.
• Improper Police Procedures: A defense can be made if the police did not follow proper procedures during the traffic stop or arrest. For example, if the officer did not read you your rights or did not have a valid reason for stopping your vehicle, the evidence could be excluded from the case.
• Lack of Probable Cause for Stops: If the officer had no legitimate reason to stop your vehicle, it could be argued that the stop was unlawful. Without probable cause, any evidence obtained during the stop may not be admissible.
• Faulty Breathalyzer Tests: Another common defense involves challenging the results of a breathalyzer test. If the device was not properly maintained or calibrated, or if the officer failed to administer the test correctly, the results may not be reliable.

Challenging BAC Results

• Calibration Issues: Breathalyzer machines must be regularly calibrated to ensure their accuracy. If a machine was not calibrated properly, the results may be inaccurate, which could be used as a defense.
• Improper Test Administration: If the officer failed to follow correct protocols when administering the BAC test (for example, not waiting long enough after your last drink), this could invalidate the results.

Penalties for Aggravated DWI

• Aggravated DWI involves higher levels of intoxication or aggravating factors, such as having children passengers under the age of 16.
• Higher BAC Levels: If a driver’s BAC exceeds 0.18%, it is considered aggravated DWI. This leads to more severe penalties, including fines, license suspension, and possible jail time.
• Felony vs Misdemeanor: Aggravated DWI can result in felony charges, depending on the circumstances. A felony conviction carries serious long-term consequences, including longer license suspension periods and a criminal record that can impact future employment opportunities.

DWI and Commercial Drivers

For commercial drivers, a DWI conviction can have even more severe consequences than for regular drivers.

• CDL Impact: A commercial driver’s license (CDL) can be disqualified if they are convicted of a DWI. Losing a CDL means losing the ability to work in commercial driving, which can significantly impact the driver’s career.
• Lower BAC Limits for CDL Drivers: Commercial drivers have a stricter BAC limit of 0.04%. Exceeding this limit can lead to immediate disqualification of their CDL, fines, and potential jail time.

Understanding these defenses and penalties is crucial for anyone facing DWI charges in New York, especially for those in commercial driving roles.

FAQs about DWI/DUI in New York

• What should I do if I’m pulled over for suspicion of DWI?
  Stay calm and be polite. You are required to provide your driver’s license, registration, and proof of insurance. You do not have to answer questions about where you’ve been or what you’ve been drinking. However, refusal to take a breathalyzer test can lead to automatic penalties like a driver’s license suspension.
• Can I refuse a breathalyzer test in New York?
  While you can refuse a breathalyzer test, New York has an "implied consent" law. Refusing a test can result in a one-year driver’s license suspension, even if you're not convicted of DWI. It’s important to understand the consequences before deciding.
• How long will a DWI conviction stay on my record?
  A DWI conviction in New York can remain on your driving record for up to 10 years. It can also affect your insurance rates and future employment opportunities, particularly in jobs that involve driving.
• Can a DWI charge be reduced to a lesser offense?
  In some cases, a DWI charge may be reduced to a "driving while ability impaired" (DWAI) charge, which carries less severe penalties. This often depends on the circumstances and the specifics of your case, such as your BAC level and any prior offenses.
• Is there any way to get my driver’s license back after it’s suspended for a DWI?
  Yes, after your suspension period, you can apply for the reinstatement of your driver’s license. You may need to attend an alcohol education program, pay reinstatement fees, and fulfill any other court-imposed requirements.
• What happens if I get a DWI while on probation?
  Getting a DWI while on probation could result in a violation of your probation terms, leading to additional penalties. You could face jail time or a longer probation period, depending on the situation.
• Can I drive a commercial vehicle if I have a DWI on my record?
  If you are a commercial driver and you receive a DWI conviction, it can disqualify you from driving a commercial vehicle. Even a conviction for a DWAI can lead to a CDL disqualification, especially if you’re caught with a BAC of 0.04% or higher.

Legal Support for DWI Charges in Putnam & Westchester Counties

A DWI/DUI conviction is serious and the consequences can follow you for years. Therefore, it is essential that you contact a Carmel DWI/DUI penalties attorney as soon as possible to ensure that your rights are protected. Keith R. Murphy approaches each case with a profound respect for the needs and goals of each client and works hard to minimize penalties for his clients.

Act Quickly to Fight DWI Charges. Call (845) 584-7033 to schedule your defense consultation with a Putnam County DWI/DUI lawyer.