Penalty Calculations

Long Island-New York City DWI

If you have been arrested for drunk driving, you likely have many questions about potential consequences you may face, what your rights are, and how to move forward. At Grunwald & Seman, P.C., we answer our clients' questions and provide them with aggressive and effective defense representation.

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Factors influencing the court's sentence determination for a DWI conviction:

• The individual's age: New York laws provide severe penalties for minors convicted of drunk driving. Minors convicted of drunk driving or who refuse chemical testing will face license revocation for one year. Minors convicted for second offense DWI will face license suspension until they are 21 or for one year -- whichever is longer.
• The BAC: Driving with a blood alcohol content (BAC) of .08% or higher will result in a DWI conviction. However, if an individual's BAC is .05 or higher or if the officer has reasonable suspicion to believe the individual was driving while impaired, the individual may still be held accountable in criminal court. Conversely, individuals with enhanced BAC levels (significantly above .08) may receive more severe penalties.
• Number of prior convictions in the previous 10 years: Prior convictions in the previous 10 years will result in enhanced penalties, including longer jail time, longer probation periods, higher fines, longer period of license revocation, and potentially other penalties.
• Refusal of the test: Individuals who refuse chemical testing will automatically have their license revoked for at least one year and a fine of $500 -- in addition to DWI conviction penalties.
• Refusal of tests in the previous 5 years: Second offense refusal will result in license revocation for 18 months and a fine of $750 -- in addition to DWI conviction penalties.

The following is a summary of DWI conviction penalties according to the New York Department of Motor Vehicles. These penalties are based upon a BAC reading of .08% or higher. However, DWI/DUI laws provide more severe penalties for individuals with a BAC of .18% or higher.

If you face DWI charges, we will work to minimize or avoid potential consequences. As former prosecutors, we have the experience you need. Call 24 hours a day, 7 days a week to schedule a free consultation.

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