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What Are the Penalties for DWI in New York?
Arrested? Call a Carmel DWI Attorney!
Penalties for DWI convictions can vary widely, depending on whether the charge is a misdemeanor or felony and if it is the first offense or the defendant had a prior conviction. It is imperative that you contact an experienced DWI attorney New York immediately when you are accused of driving under the influence. The Law Office of Keith R. Murphy serves Westchester County in addition to Putnam County, and works hard to minimize DWI penalties for all of his clients.
Penalties for DWI Offenses
- First Offense: In most cases, an initial conviction for DWI/DUI is a misdemeanor in New York. The penalties for a first offense may include probation, jail time of up to one year, a six-month driver’s license suspension, and a fine. In addition, you will need to have a drug and alcohol assessment prior to sentencing.
- Second Offense: A person charged with DWI within 10 years of the first conviction is charged with a Class E felony. The second conviction can result in jail time between 10 days and seven years, as well as 60 hours of community service. Fines can range from $1,000 to $5,000. In addition, you will be required to pay for an alcohol and drug assessment and installation of an ignition interlock device on your vehicle.
- Third Offense: If you are arrested a third time for DWI/DUI, the charge will be a Class D felony. A conviction carries a minimum sentence of 10 days, but the sentence could be as long as seven years. You will need to have an ignition interlock device installed on your vehicle and your driver’s license will be suspended for a minimum of one year.
- Underage DWI: The charges and penalties for DWI/DUI for underage motorists are more severe. The typical .08% Blood Alcohol Content (BAC) required for an adult conviction does not apply to minors. An underage driver can face charges for as little as a BAC of .02%.
What is a DWAI?
While you can be charged with a DWI in New York with a blood alcohol content (BAC) of .08 percent or higher. However, you may still face serious criminal charges if your BAC level is lower.
If your BAC is more than .05 percent but less than .07 percent, you could be charged with driving while ability impaired (DWAI) by alcohol. Additionally, if you are found to be operating a vehicle while under the influence of drugs you could be charged with DWAI by a single drug other than alcohol. Lastly, driving while impaired by a combination of drugs or alcohol can result in a DWAI.
The following is a breakdown of DWAI penalties in New York:
- First DWAI-Alcohol – A first offense for driving while ability impaired by alcohol is punishable by a maximum jail sentence of 15 days, a fine of up to $500, and driver’s license suspension for 90 days.
- Second DWAI-Alcohol – A second offense within five years for driving while ability impaired by alcohol carries a jail term of up to 30 days, a maximum fine of $750, and driver’s license revocation for at least six months.
- Third or Subsequent DWAI-Alcohol – A third or subsequent offense within 10 years for driving while ability impaired by alcohol is punishable by a jail sentence of up to 180 days, a fine no more than $1,500, and license revocation for at least six months.
- First DWAI-Drugs – A first offense for driving while ability impaired by a single drug carries a maximum jail term of up to one year, a fine not exceeding $1,000, and license revocation for at least six months.
- Second DWAI-Drugs – A second offense in 10 years for driving while ability impaired by a single drug is punishable by imprisonment for up to four years, a maximum fine of $5,000, and license revocation for at least one year.
- Third or Subsequent DWAI-Drugs – A third or subsequent offense in 10 years for driving while ability impaired by a single drug carries a maximum prison sentence of seven years, a fine of up to $10,000, and license revocation for at least one year.
- First DWAI-Combination – A first offense for driving while ability impaired by a combination of drugs and alcohol is punishable by a maximum jail term of one year, a fine no more than $1,000, and license revocation for at least six months.
- Second DWAI-Combination – A second offense in 10 years for driving while ability impaired by a combination of drugs and alcohol carries a prison sentence of up to four years, a maximum fine of $5,000, and license revocation for at least one year.
- Third or Subsequent DWAI-Combination – A third or subsequent offense in 10 years for driving while ability impaired by a combination of drugs and alcohol is punishable by imprisonment for up to seven years, a maximum fine of $10,000, and license revocation for at least one year.
Serving Putnam & Westchester Counties!
A DWI/DUI conviction is serious and the consequences can follow you for years. Therefore, it is essential that you contact a Carmel DWI/DUI penalties attorney as soon as possible to ensure that your rights are protected. Keith R. Murphy approaches each case with a profound respect for the needs and goals of each client and works hard to minimize penalties for his clients.
Time is of the essence when facing a DWI conviction. Call (845) 584-7033 to schedule a consultation with a Putnam County DWI/DUI lawyer.
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