DWI Penalties in New York
Information from NYC DWI Attorneys
Driving while intoxicated (DWI) is a crime in the state of New York. Anyone who tests positive for over .08 percent blood alcohol content can be arrested for this crime. Others, such as under 21 drivers, can be arrested for less. If you are arrested for DWI in New York City or Queens, you face the possibility of criminal and administrative penalties. Administrative penalties are administered by the Department of Motor Vehicles and primarily have to do with your right to drive.
Some of the major administrative penalties for DWI include:
- License Suspension
- Vehicle Impoundment
- Ignition Interlock Device
- Alcohol/Drug Rehabilitation Courses
If you or someone you know has been arrested for driving while intoxicated, a NYC DWI attorney from our firm can help. We will aggressively combat your charges so that you do not have to face unnecessary administrative and criminal penalties.
New York Administrative & Criminal Penalties for DWI
Administrative and criminal penalties differ depending on the type and degree of offense. Listed below are some of the most common types of DWI charges and their corresponding penalties.
- DWI or Driving While Impaired by a Drug (DWAI-Drug): A mandatory fine of the minimum amount $500 and maximum amount $1,000. Offenders could potentially be imprisoned in county jail for up to one year and the DMV will invoke license suspension for a minimum of six months (beginning after an offender is released from custody).
- Aggravated DWI (A-DWI): Mandatory fine of $1,000 to $2,000, a maximum one year in county jail and license revocation for a minimum of one years' time.
- Second DWI Within 10 Years: Mandatory fine of $1,000 to $5,000, a maximum four years' imprisonment in county jail and license revocation for a minimum of 18 months.
- Third DWI Within 10 Years: Mandatory fine of $2,000 to $10,000, a maximum seven years' imprisonment and a license revocation for at least 18 months.
- Under 21 DWI: Per the state of New York's "zero tolerance" law, those under the legal drinking age of 21 who are arrested for driving while intoxicated will face a $125 civil penalty upon first offense in addition to a six-month license suspension.
- Refusing a Chemical Test: It is illegal to refuse a chemical test if you have been lawfully arrested on suspicion of DWI or DWAI-Drug. Refusing a breath, blood or urine test could result in a $500 fine and a license revocation for one year. Penalties are more severe for commercial drivers.
Conditional License for DWI Offenders in New York
If you have been convicted of a first-time DWI and you successfully complete a Drinking Driver Program (DDP), you will be eligible to receive a conditional driver license, provided that the DMV determines you actually are eligible. A judge can also prevent a DWI offender from receiving this type of license. Conditional licenses typically allow a person to be able to drive to certain areas and at certain hours of the day. For example, most people who are granted conditional licenses are only allowed to travel to and from work. Some conditional licenses may also allow drivers to take their children to school, go to doctor's appointments, etc.
Your NYC DWI Attorneys
If you have been arrested for a DWI crime, then Musa-Obregon Law PC is the firm for you. This firm has years of experience fighting for the rights of clients. We can contest the field sobriety test evidence, chemical test evidence and even police procedure. We go to great lengths to ensure that our clients receive the best defense possible.