Being charged with Driving While Intoxicated (DWI) is a serious charge against an individual. The state of New York maintains strict laws against drinking and driving. An individual can be found guilty of a DWI in New York if they are found driving with a blood alcohol concentration (BAC) over the legal limit of 0.08%. If you are under the age of 21, the legal limit is 0.02%. A person’s BAC can gauge their intoxication through a Breathalyzer or an Alcotest. The state courts and judges are aggressive towards those who have been charged with a DWI. The criminal charge may result in devastating fines and the possibility of jail time. Penalties for a person charged with a DWI varies depending on the offense and if the guilty party is over the age of 21.
First Offense DWI
For an individual’s drinking while driving offense, there are a certain range of consequences depending on their age. For drivers under the age of 21, those penalties may include:
- Suspended license for 6 months
- A civil penalty of $125
- Paying a $100 fee for suspension termination
- The possibility of enrollment in the New York Drinking Driver Program
- The possibility of having an ignition interlock device installed
For those over the age of 21, there is a different set of consequences:
- Revoked license for a minimum of 6 months
- Fines ranging from $500-$1000
- Possible jail time up to a year
- The possibility of enrollment in the New York Drinking Driver Program
Second Offense DWI
A second time DWI offender is subject to consequences different than those of a first-timer. If you are underage, that may include:
- Revoked license for at least one year, or until the offender turns 21
- A civil penalty of $125
- A $100 fee to reinstate your license
- The possibility of enrollment in the New York Drinking Driver Program
- The possibility of having an ignition interlock device installed
For those over the age of 21, penalties may include:
- Revoked license for at least one year
- A $1000-$5000 fine
- Possible jail time up to 4 years
- The possibility of enrollment in the New York Drinking Driver Program
Third Offense DWI
If an individual is charged with a third DWI offense within 10 years, they are subject to more severe consequences. This may involve:
- Fines between $2000-$10,000
- Up to 7 years in jail time
- A revoked license for at least 1 year
- Possibly having your license permanently revoked
- State surcharges
Contact Our Firm
If you have been arrested for a DWI, it is important to speak to an attorney who can assess your situation and guide you in the best direction. Contact the Law Offices of KCS Law today.
If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact KCS Law to schedule a consultation and we would be happy to assist you.
