If you have been charged with a DWI in New York, you have a lot of factors to consider. New York does not take drinking and driving lightly. The laws are stern and the courts are aggressive. A DWI charge is a serious offense and can come with overwhelming penalties. There are programs in place to help first-time offenders and having the right attorney is in your best interests. If you have been charged with your first DWI offense in New York, call KCS Law. Our experienced First Offense DWI Attorney will fight to get you the best possible outcome for your situation.
Understanding New York DWI Laws
If you have been pulled over suspected of drinking while driving, you have a lot to consider. Are you over 21? Are you driving a commercial vehicle? Driving while intoxicated is defined differently depending on your situation. DWI is defined by your blood alcohol content (BAC). In New York, you can be charged with DWI if you have a blood alcohol content of:
- 0.08% and you are 21 years or older
- 0.04% if you are driving a commercial motor vehicle
- 0.02% if you are younger than 21
If you have been charged with your first offense, you should contact KCS Law as soon as possible. It is important to have effective counsel with the experience needed to fight for the best possible conclusion.
Penalties for a First Offense DWI Under Age 21
Driving while intoxicated is a serious offense. Depending on your age, you will face different penalties. If you are younger than 21 and have a BAC of 0.02% or higher, you have violated New York’s Zero Tolerance Law. Penalties may include:
- Suspended license for 6 months
- A $125 civil penalty
- A $100 fee for suspension termination
- Potential enrollment in the New York Impaired Driver Program (IDP) and associated costs
- Potential ignition interlock device installation and associated costs
- Driver Responsibility Assessment (DRA) fee of $250 per year for three years (total of $750)
If you are younger than 21 and have violated New York’s Zero Tolerance Law by refusing to take a chemical test for the first time, you could be facing further penalties if convicted. These may include:
- A $300 civil penalty
- A revoked license for at least one year
- $100 to reinstate your license
- A $250 annual assessment fine for 3 years
Penalties for a First Offense DWI Age 21 and Older
If you have been charged with your first DWI and are 21 years of age or older, you may be faced with a different set of penalties. If you have been pulled over, documented with a BAC of 0.08% or higher, 0.04% BAC for commercial vehicles, you may be facing:
- A revoked license for at least 6 months
- Possible fines ranging from $500-$1000
- Possible jail time up to 1 year
- Potential enrollment in the New York Impaired Driver Program (IDP) and applicable costs
- Mandatory installation of an Ignition Interlock Device (IID) in all vehicles you own or operate for a minimum of 6 months
- Driver Responsibility Assessment (DRA) fee of $250 per year for three years (total of $750)
- New York State surcharge of $395-$400
If you are older than 21 and refused to take a chemical test for the first time, you could be facing further penalties if convicted. These penalties may include a revoked license for at least 1 year (18 months for commercial drivers) and a $500 civil penalty ($550 for commercial drivers).
Why You Need a First Offense DWI Defense Lawyer
At KCS Law, we have years of experience with New York DWI/DUI laws. Our persistent attorneys will fight to limit the impact of your first DWI. We use all legal means to defend our clients against the burden of DWI penalties. We will examine proper police procedure, the circumstances of the stop, and many other factors that led to the charge. It would be in your best interests to contact a skilled First Offense DWI Attorney for effective representation. Contact KCS Law for a consultation.
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