New York DWI Penalties
In New York, it is illegal to drive while under the influence or drugs and/or alcohol. This crime carries serious punishments, such as jail time and a driver’s license suspension.
There are two ways that a driver can be convicted of DWI. The first is a per se violation. This means that the driver failed a breath or blood test with a blood alcohol content (BAC) of .08 percent or higher. The second is common law violation. The prosecutor must prove that the driver was unable to operate the vehicle in a safe manner due to impairment by alcohol or drugs.
There are also two charges that a driver can face. One is DWAI (driving while ability impaired by alcohol). This is not as serous as a DWI (driving while intoxicated) charge.
If this is the driver’s first DWAI offense, he or she will face a fine ranging from $300 to $500, a maximum of 12 days in jail, and a license suspension for 90 days. For a second offense within 5 years, the fines jump up to $500 to $750, along with a maximum of 30 days in jail and a license suspension for 6 months. For a third offense in 10 years, the fines will range from $750 to $1,500, with a maximum of 180 days in jail. If a previous violation had occurred over 5 years ago, the license suspension will last for 90 days. If the previous violation occurred within 5 years, the license suspension will last for 1 year.
For a first-time DWI offense, the driver is looking at fines ranging from $500-$1,000, up to 1 year in jail, and a driver’s license suspension for 1 year. For a second offense, the driver may pay fines ranging from $1,000-$5,000 and lose his or her license for up to 1 year. The driver also faces mandatory jail time of at least 5 days, or at least 30 days of community service.
For a third DWI offense within 5 years, the driver must pay fines ranging from $2,000-$10,000. Mandatory jail time increases to at least 10 days, or the driver may be sentenced to at least 60 days of community service. The driver will lose his or her license for at least 1 year, and may be ordered to have an ignition interlock device installed in his or her vehicle.
If you are interested in speaking with a DWI attorney in New York to fight these charges, please submit your case online today.
