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 Grunwald & Seman, P.C. 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 Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.
