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Driving While Intoxicated (DWI)

Driving While Intoxicated (DWI)

If you have been arrested for driving while intoxicated (DWI) in New York, you need skilled representation, as soon as possible. If your blood alcohol level is, alleged, .08% or above, you face suspension of your driving privileges at your first court appearance. DWI charges could result in having a criminal record, the extended loss of driving privileges and having to pay thousands of dollars in fines, penalties, fees and expenses for treatment.

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What are the penalties for DWI in New York State?

In New York, if a vehicle driver is convicted of having blood alcohol content of .08% by volume or above, the driver is guilty of driving while intoxicated. If the driver is under 21, the legal limit drops to .02%, and if the driver is operating a commercial vehicle as a licensed driver, the amount is only .04&per;. Drivers caught with a Blood Alcohol (BAC) above the legal limit face these harsh penalties for a First Offense:

  • Jail \96 up to 1 year
  • Fine \96 from $500.00 to $1,000.00
  • License Revocation \96 for a minimum of 6 months, up to one year, before eligibility for reinstatement.
  • Mandatory State surcharge
  • Mandatory alcohol screening and/or alcohol evaluation
  • Installation of an ignition interlock device
  • Mandatory participation in alcohol rehabilitation before a new license is granted or reinstated.

Punishments are even more extreme for a second DWI offense. The charge can escalate to a felony, punishable by up to four years in prison, and may require service of a minimum of five days in jail, or the offender must complete 30 days of community service, depending on how recent the past conviction was. The fines imposed are also dramatically higher.

(The above is offered as general information. Specific information concerning New York State can be found in the Vehicle and Traffic Law.)