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.

And the penalties are severe. You face significant license loss, and a possibility of jail time in more serious cases.

If you are charged with DWI or any other related offenses, it is imperative that you call an experienced New York DWI lawyer.

What can an experienced New York DWI defense lawyer do for you?

Fully evaluate and analyze your charges and arrest, looking for mistakes in the law and police procedures that could result in your case being dismissed.
Challenge field test and breath test evidence in court to help you fight charges and increase the chances of a not guilty verdict.
Aggressively negotiate down penalties in a plea deal, such as a DWI charge reduced to DWAI, reduced/concurrent license suspension, dropped civil penalties for fine savings, and much more.

We can't guarantee any result, and every case is different. But during a consultation, we can absolutely go over possible defenses, and give you a realistic understanding of how we think we can help you fight this charge.

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

New York DWI / Drunk Driving Offenses

DWI – Driving While Intoxicated

Under New York law, a DWI charge applies when an individuals Blood Alcohol Content (BAC) is recorded at between .08% and .17%, and/or other evidence of drunkeness.

Aggravated DWI – Aggravated Driving While Intoxicated

A DWI is charged as an Aggravated DWI if a BAC level is at .18% or higher.

DWAI – Driving While Ability Impaired by Alcohol

A DWAI is a lesser drunk driving offense than a DWI. Under New York state drunk driving laws, a DWAI is a charge with a BAC level of .06% or .07%, and/or other evidence of impairment by alcohol.

See my NY DWAI laws page for more details.

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 (888) 435-4744 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 DWI (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.

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 DWI

• 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.

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) DWI

• 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.

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.

Underage Drunk Driving Penalties in New York

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 (888) 435-4744 now for the help you need.

We fight for people just like you, in New York courts everyday. Call us at (888) 435-4744 for a consultation now.