New York takes driving while intoxicated (also known as DWI in New York, driving under the influence or DUI in some states) and DWAI charges seriously. In addition to the penalties discussed below, a DWI (DUI) or DWAI conviction can haunt you for life. Therefore, if you’ve been charged with a DWI or DWAI in New York, you should immediately contact an experienced New York criminal defense attorney for assistance.
New York DWI Penalties
In New York, operating a vehicle while having a blood alcohol content (“BAC”) level of between .08 percent and above can result in a DWI charge. A DWI charge in New York can result in the following penalties:
- A first DWI conviction is a misdemeanor and can/will result in up to one year in jail, a fine of up to $1000, installation of an ignition interlock device and license revocation of at least six months.
- A second DWI conviction within 10 years of the initial conviction can result in a prison sentence of up to four years, a fine of up to $5,000, installation of an ignition interlock device, and license revocation of at least one year.
- A third DWI conviction can result in a prison sentence of up to seven years, a fine of up to $10,000, installation of an ignition interlock device, and license revocation of at least one year with the possibility of permanent revocation.
New York Aggravated DWI Penalties
In New York, if a driver’s BAC is .18 percent or higher, the resulting charge is called aggravated DWI. The penalties for aggravated DWI are similar to the penalties for DWI. The primary difference is the length of license revocation. Specifically, an initial aggravated DWI in New York can result in a license revocation of one year. A second and third aggravated DWI can result in a minimum revocation of 18 months. And if the third offense occurs within 10 years of the previous offenses, the offender faces permanent revocation of his or her license.
A related crime in New York is called driving while ability impaired by alcohol (“DWAI”). If a driver’s ability to operate a motor vehicle is impaired by alcohol but his or her BAC is below .08 percent, he or she may be charged with DWAI. DWAI is penalized as follows:
- A first DWAI is a traffic infraction and can result in a fine of up to $500, up to 15 days in jail, and a 90-day license suspension.
- A second DWAI is a traffic infraction and can result in a fine of up to $750, a 30-day jail sentence, and a six-month license revocation.
- A third DWAI within 10 years of a previous violation is a misdemeanor and can result in a fine of up to $1,500, up to 180 days in jail, and one-year license revocation.
Contact Our New York DWI/DWAI Attorneys
As you can see, DWI and DWAI are serious offenses in New York, and a conviction can result in severe penalties, including fines, license suspension, and potential jail time. Therefore, if you have been arrested for driving while intoxicated, it is imperative that you consult an experienced criminal defense attorney. Located in Flushing, Queens, the DWI attorneys (DUI attorneys) at Heiferman and Associates, PLLC, routinely represent clients facing DWI and DWAI charges throughout the greater New York Metro area, including New York City/Manhattan, Queens, Brooklyn, and Long Island (Nassau/Suffolk counties). Whether you are a first offender or have prior convictions, our experienced attorneys will provide you with aggressive and efficient legal representation and work tirelessly to protect your rights. Please contact us today for a consultation.