{"id":272,"date":"2015-02-24T21:09:36","date_gmt":"2015-02-24T21:09:36","guid":{"rendered":"http:\/\/lipsitzgreenwp.wpengine.com\/dwi\/?p=272"},"modified":"2018-08-02T15:42:23","modified_gmt":"2018-08-02T15:42:23","slug":"the-penalties-for-a-dwi-in-new-york","status":"publish","type":"post","link":"https:\/\/www.lipsitzgreen.com\/dwi\/2015\/02\/24\/the-penalties-for-a-dwi-in-new-york\/","title":{"rendered":"The Penalties for a DWI in New York"},"content":{"rendered":"

Drunk driving, or driving while intoxicated, is a serious crime in New York. A DWI can result in the suspension of your license, the imposition of fines, and even jail time.<\/p>\n

If you have been charged with a DWI, it will be helpful for you to speak with\u00a0an experienced attorney who can thoroughly assess your case and help you deal\u00a0with the repercussions.<\/span><\/section>\n
<\/p>\n
\"A A DWI can result in fines, the suspension of your license, and even jail time.<\/span><\/div>\n

Evidence of driving drunk<\/h2>\n

In New York,\u00a0the state will use your blood alcohol concentration as\u00a0evidence that you were driving drunk. If you are 21 years of age or older, a\u00a0BAC of .08 percent will get you a DWI. If you drive a commercial motor vehicle,\u00a0.04 percent BAC is considered driving while intoxicated. If you are under the\u00a0legal drinking age, however, a BAC of .02 percent is sufficient to charge you\u00a0with a DWI.<\/span><\/p>\n

A DWI is not the only charge associated with driving under the influence. DWAI, or driving\u00a0while ability impaired, refers specifically to alcohol, but a DWAI\/drug\u00a0involves ability impaired by a drug other than alcohol. It is also possible\u00a0that you can be charged with a DWAI\/combination, which involves being found\u00a0impaired by both one or more drugs and alcohol. An aggravated DWI involves a\u00a0BAC of 0.18 or higher.<\/span><\/p>\n

DWI penalties can depend on a wide range of factors, including BAC, age, substance used,\u00a0license status, prior violations, the results of a chemical test, and\u00a0willingness to be tested.<\/span><\/p>\n

Younger than 21 years old<\/h2>\n

If you are younger than 21 years of age and have broken NY’s Zero Tolerance\u00a0Law, as a result of being found driving with a BAC of .02 percent or higher,\u00a0you may face legal consequences.<\/span><\/p>\n

For a first offense, punishment may include having your license suspended for six months, a\u00a0civil penalty of $125, possible enrollment in New York Drinking Driver Program,\u00a0and potentially an ignition interlock device installation. Costs for the driver\u00a0program and interlock device will be assumed by the driver as well.\u00a0For a\u00a0second offense, the punishment may also include the revocation of your license.<\/span><\/p>\n

21 years and older<\/h2>\n

If you are older than 21 years of age and are found driving with a BAC of .08\u00a0percent or higher, you may face the following legal consequences.<\/span><\/p>\n

For a first offense, you may be required to pay a $500 to $1,000 fine, to pay a minimum $250\u00a0annual assessment fine for a period of three years as part of the state’s\u00a0Driver Responsibility Program, to serve up one year in jail, and to possibly enroll in New York Drinking Driver Program.\u00a0<\/span>For a second offense, the punishment may involve revocation of your license for at least one year, a fine of $1,000 to $5,000, a minimum $250 annual assessment fine for three\u00a0years as part of the state’s Driver Responsibility Program, up to four years in\u00a0jail, possible enrollment in New York Drinking Driver Program, and potentially\u00a0an ignition interlock device installation.<\/span><\/p>\n

Experienced representation<\/h2>\n

If you have been charged with a DWI, it is advisable that you seek legal counsel. Lipsitz Green Scime Cambria<\/a>,\u00a0located in Buffalo, has attorneys who are widely recognized as leaders in the\u00a0field.\u00a0The DWI lawyers at Lipsitz Green have in-depth knowledge of a\u00a0client’s rights, the potential penalties that may arise, and the possible\u00a0weaknesses in charges against a client. We are\u00a0dedicated to providing a\u00a0tough and effective DWI defense.<\/span><\/p>\n

This article does not purport to give legal advice and is for informational purposes only.<\/p>\n<\/section>\n