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Charged with DWI or Drunk Driving in New York?

Fight Back and Save Your Criminal and Driving Record

DWI is a complicated field of law that requires the attention of someone who specializes in handling such cases. While the concept of drunk driving is easily understood by the public, the laws and consequences are incredibly technical. If you are charged with DWI or any other related offense(s), it is imperative that you call an experienced New York DWI lawyer.

Hiring an experienced lawyer may increase your chance of having a DWI charge reduced to DWAI. In New York, DWAI is not considered a crime, although it is an alcohol related driving incident. Additionally, DWAI may avoid an ignition interlock device for multiple offenders.

Please call us for a free consultation on any drunk driving charge in New York state.

New York Drunk Driving Related Crimes Defined

DWI – Driving While Intoxicated

Blood Alcohol Content (BAC) between .08% and .17%, and/or other evidence of drunkeness.

Aggravated DWI – Aggravated Driving While Intoxicated

BAC of .18% or higher.

DWAI – Driving While Ability Impaired by Alcohol

BAC of .06% or .07%, and/or other evidence of impairment by alcohol.

DWAI Drugs – Driving While Ability Impaired by the Use of a Drug

Any drug other than alcohol that affects your ability to drive, including drugs to which you are prescribed, such as your own legal prescription drugs.

DWAI Alcohol/Drugs – Driving While Ability Impaired by the Combined Influence of Drugs or Alcohol and Drugs

Any combination of alcohol and drugs which affects your ability to drive.

This law applies to drugs to which you are prescribed.

The Zero Tolerance Law - New York DWI

Any driver is under 21 years old, and has a BAC of .02% to .07%.

DWI Chemical Test Refusal

 Any driver who refuses to take a chemical test (breath, blood, or urine) will have his/her license revoked for at least one year.

Additionally, the person will have to pay a fine of at least $500 to the New York DMV.

DWI Penalties in New York

Below is a list of possible DWI penalties. The list is not exhaustive, since every possible legal penalty complication would be nearly endless.

If you are accused of drunk driving, the penalties for a DWI in your specific situation may include additional or different penalties and consequences. It would be difficult for anyone but an experienced New York DWI attorney to provide the exact information.

Please call us at (866) 382-8646 for your free case evaluation and legal consultation, and we'll help walk you through the potential penalties in your exact case, as well as what we can do to defend and protect you.

First Offense Aggravated DWI

• Mandatory fine between $1,000 and $2,500.
• Possible jail time of up to 1 year (unlikely).
• Loss of license for at least 1 year.

Second Offense Aggravated DWI Within 5 years (E Felony)

• Mandatory fine between $1,000 and no more than $5,000.
• Mandatory jail time of at least 5 days or at least 30 days community service, or possible prison time of up to 4 years.
• Loss of license for at least 18 months.

Third Offense (Or More) Aggravated DWI Within 10 years (D Felony)

• Mandatory fine between $1,000 and no more than $5,000.
• Mandatory jail time of at least 10 days or at least 60 days community service, or possible prison time of up to 7 years.
• Loss of license for at least 18 months.

First offense DWI or DWAI-Drugs (i.e., no prior DWI convictions within 10 years)

• Mandatory fine between $500 and $1,000.
• Possible jail time of up to 1 year (unlikely).
• Loss of license for at least 6 months.

Second Offense DWI or DWAI-Drugs within 5 Years (E Felony)

• Mandatory fine between $1,000 and $5,000.
• Mandatory jail time of at least 5 days or 30 days community service; possibility of prison for up to 4 years.
• Loss of license for at least 1 year.

Third Offense (Or More) DWI or DWAI-Drugs within 5 Years (D Felony)

• Mandatory fine between $2,000 and $10,000.
• Mandatory jail time of at least 10 days or 60 days community service; possibility of prison for up to 7 years.
• Loss of license for at least 1 year, ignition interlock device, and required alcohol evaluation.

Second Offense DWI or DWAI-Drugs within 10 Years

• Mandatory fine between $1,000 and $5,000.
• Possible prison time of up to 4 years (unlikely, but not unheard of).
• Loss of license for at least 1 year.

Third Offense (Or More) DWI or DWAI-Drugs within 10 Years

• Mandatory fine between $2,000 and $10,000.
• Possible prison time of up to 7 years (jail time likely).
• Loss of license for at least 1 year.

First offense DWAI

• Mandatory fine between $300 and $500.
• Possible jail time of up to 15 days (unlikely).
• Loss of license for 90 days.

Second Offense DWAI Within 5 years

• Mandatory fine between $500 and $750.
• Possible jail time of up to 30 days (unlikely, but not unheard of).
• Loss of license for at least 6 months.

Third Offense DWAI Within 10 years

• Mandatory fine between $750 and $1,500.
• Possible jail time of up to 180 days (jail time more likely).
• Loss of license for 90 days if previous violation occurred more that five years ago, and loss of license for at least 1 year if it happened within the past five years.

First Offense DWAI-A/D

• Mandatory fine between $500 and $1,000.
• Possible jail time of up to 1 year (unlikely).
• Loss of license for at least 6 months.

Second Offense DWAI-A/D

• Mandatory fine between $1,000 and $5,000.
• Possible prison time of up to 4 years (unlikely, but not unheard of).
• Loss of license for at least 1 year.

Third Offense DWAI-A/D

• Mandatory fine between $1,000 and $5,000.
• Possible prison time of up to 7 years (likely).
• Loss of license for at least 18 months.

First Offense Zero Tolerance

• Minimum $125 penalty to DMV.
• Loss of license for 6 months.
• $100 suspension termination fee.

Second Offense Zero Tolerance

• Minimum $125 penalty to DMV.
• Loss of license for at least 1 year or until 21 years old, whichever period is longer.
• $100 license re-application fee.

NOTE — Three or more alcohol or drug-related driving incidents (convictions, Zero Tolerance violations, or refusals) within four or eight years, depending, can result in a permanent revocation of the privilege to operate a motor vehicle in New York State. In other words, you may never be able to drive in New York again.

Free Legal Consultation on New York DWI / Drunk Driving Laws and Penalties

If you've been charged with DWI, DWAI or drunk driving anywhere in New York state, you need to speak to a qualified, experienced criminal defense lawyer. Call our New York law offices now to discuss your case, and what we can do in your defense. Call (866) 382-8646 now for the help you need.

We fight for people just like you, in New York courts everyday. Call us at (866) 382-8646 for a consultation now.