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Defining DWI in New York
If you need a top DUI lawyer in New York, you have definitely come to the right place. On our website you will find countless links to the best DUI lawyers in New York that have helped thousands of clients avoid paying high fees, getting their license suspended and going to jail. There are many processes and loopholes involved in DUI cases that clients may not be aware of. Let a skilled DUI lawyer in New York handle your case and double your chances of having your record wiped clean.
New York takes driving under the influence charges very seriously. Any motorist found guilty of operating a motor vehicle under the influence of alcohol or drugs will be charged with DWI, or Driving While Intoxicated.
The standard rule, or “per se” law, for being charged with DWI is by having a blood alcohol content level (BAC) above .08 percent for motorists over 21 years of age, .04 percent for motorists who are commercial vehicle drivers and .02 percent if the motorist is less than 21 years of age. However, a motorist may also be charged with DWI in New York under the “common law” theory, in which the driver can be charged if they appear intoxicated, regardless of BAC level. If a motorist appears as though they are not physically able to drive due to impairment, an officer may arrest the driver.
If a motorist is found to have a BAC level of .15 percent or above, they are charged with aggravated DWI, which is a more serious crime and punishable with stricter penalties. Aggravated DWI charges can also be incurred by refusing to submit to a chemical test, feeling the scene of a DWI incident or causing bodily harm or death to another individual.
New York DWI Penalties
Any motorist found guilty of DWI in New York is subject to the following punishments. The severity of the penalties increases with the number of previous DWI convictions and if there was a minor in the vehicle at the time of arrest. In addition, all motorists convicted of DWI in New York must install an ignition interlock device in their vehicles.
1st DWI Conviction
• Misdemeanor
• Imprisonment up to 1 year
• Fine from $500 to $1,000
• Driver’s license suspended for minimum 6 months
• Must pay a mandatory surcharge fee
• Must undergo alcohol screening and evaluation
• Must install ignition interlock device
• May have to pay Driver Responsibility Assessment
2nd DWI Conviction
• Class “E” Felony
• Imprisonment from 5 days to 4 years
• Community service may be served in lieu of jail time – 30 days
• Fine from $1,000 to $5,000
• Driver’s license suspended for minimum 1 year
• Must pay a mandatory surcharge fee
• Must undergo alcohol screening and evaluation
• Must install ignition interlock device
3rd DWI Conviction
• Class “D” Felony
• Imprisonment from 10 days to 7 years
• Community service may be served in lieu of jail time – 60 days
• Fine from $2,000 to $10,000
• Driver’s license suspended for minimum 1 year
• Must pay a mandatory surcharge fee
• Must undergo alcohol screening and evaluation
• Must install ignition interlock device
Punishments for DWI Offenders with Minor Passenger in Vehicle
If a motorist is found guilty of DWI and was driving with a passenger under the age of 16 at the time of arrest, they will be subject to stricter penalties. The offense will automatically be classified as a Class “E” felony charge, the motorist will be fined up to $5,000 and may spend up to 4 years in jail – even on the first DWI offense.
In addition, authorities will be required to file a report with Child Protective Services (CPS) if the DWI offender is the parent or legal guardian of the child.
Implied Consent Law in New York
The state of New York has what are called implied consent laws, meaning that all motorists driving on a roadway in the state are required to submit to a chemical test of their blood, breath or urine if suspected to be under the influence of alcohol or drugs. Those who refuse may have their driver’s license suspended for 1 year and be fined $500.
Working with a New York DWI Lawyer
Although New York has implied consent laws in place, state DWI laws are unique in the sense that the law allows motorists to consult with a DWI lawyer before deciding whether or not to submit to a chemical test of their blood, urine or breath to determine intoxication. If you have been charged with DWI in New York, do not hesitate before contacting a top DWI attorney for help right away.
New York DWI attorneys do whatever it takes to get their clients’ charges lowered or dropped altogether. They will investigate the incident, speak with police and witnesses and get to the bottom of what really happened. If your DWI lawyer in New York discovers that you were unfairly charged, they will not allow you to suffer punishments for a crime you did not commit.
Turn to a skilled New York DWI lawyer for help today in fighting for your rights.