DWI Criminal Penalties

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Drunk Driving Criminal Penalties

Long Island DWI Attorneys

If you are convicted at trial, or plead guilty to a crime relating to operating a vehicle while impaired by drugs or alcohol, you are subject to many potential criminal DWI penalties and consequences. The criminal defense lawyers of Grunwald & Seman, P.C. fight for your rights when you are facing DWI penalties for an arrest in Nassau County, Suffolk County or New York City, such as:

• Jail (misdemeanor offenses)
• Prison (felony DWI)
• Court-supervised probation (subject to execution of sentence for violation)
• Mandatory alcohol or drug treatment (at your expense)
• Ignition interlock device (blow into a "breathalyzer" to start your car)
• Criminal conviction record (may affect current and future employment)|
• Severe fines and court surcharges
• Temporary or permanent loss of driving privileges
• Forfeiture of your vehicle

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New York State law recognizes the following offenses:

• Driving While Intoxicated (DWI, also called DUI) — .08 BAC or other evidence of intoxication
• Driving While Alcohol Impaired (DWAI) — .05 to .07 BAC, or other evidence of impairment
• Driving While Impaired by Drugs (DWAI: Drugs) — evidence of impairment by a drug other than alcohol (including legally prescribed medications)
• Aggravated DWI (A-DWI) — .18 BAC or higher
• Zero Tolerance Law (Underage DWI/DWAI) — Less than age 21, BAC of .02 or greater (essentially, any alcohol in your bloodstream)
• Chemical Test Refusal: Refusing to submit to a breath, blood or urine test for alcohol or drugs

These penalties have all been increased and enhanced based on the new crimes of "aggravated DWI" and "driving while ability impaired by a combination of drugs and alcohol."

The maximum penalty for a DWI or DWAI: Drugs (first offense) is one year in jail, with fines of $500 to $1,000.

For a second offense of DWI/DWAI Drugs within 10 years (Class E Felony), the maximum penalty is four years imprisonment and fines of $1,000 to $5,000.

A third offense of DWI/DWAI: Drugs within 10 years (Class D Felony) is subject can result in imprisonment up to seven years, and fines of $2,000 to $10,000.

The maximum jail sentence for DWAI is 15 days in jail (30 days for a second offense within five years), and fines of $300 to $500/$500 to $750.

Chemical test refusal can result in license revocation for at least one year and a civil penalty of $500 to apply for a new license. A second refusal within five years (or within five years of a DWI conviction) results in revocation for a minimum of 18 months and a $750 penalty for a new license application.

To avoid the most severe DWI penalties, contact a Long Island drunk driving attorney at Grunwald & Seman, P.C. immediately. We are accessible 24 hours a day, seven days a week for a free consultation.