New York’s impaired driving laws are complex and include driving while intoxicated (DWI) or driving while ability impaired by a drug (DWAI-Drug); driving while impaired by combined alcohol and drugs (DWAI-Combination); aggravated driving while intoxicated (AGG-DWI); and Driving while ability impaired (DWAI).
Additionally, New York is among a growing number of states that do not require a driver to test over the legal limit of .08 BAC in order to face criminal charges.
DWAI - BAC of .05 to .07
- First Offense: $500 fine; up to 15 days in jail; 90-day license suspension.
- Second Offense: $750 fine; up to 30 days in jail; minimum 6-month license revocation.
- Third Offense: $1,500 fine; up to 180 days in jail; minimum 6-month license revocation.
DWI/DWAI Drugs (.08 or higher BAC/positive drug test) - First Offense: $1,000 fine; up to 1 year in jail; minimum 6-month license revocation.
- Second Offense (felony within 10 years): $5,000 fine; minimum 5 days jail (30 days community service), up to four years in prison; minimum 1-year license revocation.
DWAI Alcohol and Drugs
- First Offense: $1,000 fine; up to 1 year in jail; minimum 6-month license revocation.
- Second Offense (felony within 10 years):: $5,000 fine; up to four years in prison; minimum 1-year license revocation.
Aggravated DWI (.18 or higher BAC)
- First Offense: $2,500 fine; up to 1 year in jail; minimum 1-year license revocation.
- Second Offense (felony within 10 years): $5,000 fine; up to 4 years in prison; minimum 18 month license revocation.
Sometimes, a DWI arrest can uncover additional charges, such as possession of illegal substances, which can significantly complicate your case. Seeking the early consultation of an experienced New York City DWI defense attorney is the best thing you can do to protect your rights. Court sanctions can be just the beginning of years of costly headaches. Once all costs are included, including years of drastically increased insurance premiums, the average cost of a drunk driving conviction can top $15,000. Additionally, the progressive nature of the state’s drunk driving laws mean a conviction will leave you vulnerable to more serious penalties in the event you face another charge anytime within the next decade. Having a drunk driving conviction on your record will make you a target for law enforcement, and subsequent arrests are common.
A first offense is often the easiest for your drunk driving defense attorney to beat, or to at least successfully seek a reduction of the charge. But even subsequent violations can be challenged on a number of fronts, including:
- Probable cause for the traffic stop.
- Results of field sobriety testing.
- Results of breath or blood tests.
- Training of officers.
- Training of breathalyzer operators.
- Calibration of breath machine.
- Challenging admissibility of evidence.
Unfortunately, drunk driving laws are designed to generate significant revenue for local courts, and too often snare law-abiding drivers who have no experience with the court system. In many cases, drivers decide to simply plead guilty in an effort to put an embarrassing incident behind them. In the most severe cases, a DWI incident can escalate to charges as serious as
vehicular homicide, particularly when accidents result in fatalities. As a veteran NYC traffic defense attorney, Jacob Uriel thinks that is a mistake and is a primary reason he offers those charged with a DWI offense a free and confidential consultation to discuss their rights.
