As the weather gets nicer, more and more people find themselves meeting friends and family for an outdoor brunch. Over Easter weekend, many celebrated with drinks. While celebrating the holidays with a few drinks is fine, some people make the dangerous decision to drive home intoxicated. New York takes DWI charges very seriously. Read on to learn more.
First Offense DWI
In New York, your blood alcohol content (BAC) determines whether you receive a DWI.
You can be charged with a DWI if:
- You are over 21 and you have a BAC of .08% or higher
- You are over 21, driving a commercial motor vehicle, and you have a BAC of .04% or higher
- You are under 21 and have a BAC of .02% or higher
First Offense Penalties
If you are over 21-years-old and you have received a DWI for the first time, you may face the following penalties:
- A revoked license for 6 months or more
- Possible fines of $500-$1,000
- Possible jail time of up to 1 year
- Potential enrollment in the New York Drinking Driver Program (DDP) and applicable costs
If you are under 21 and you have received a DWI, you may face the following penalties:
- Suspended license for 6 months
- $125 civil penalty
- $100 fee for suspension termination
- Potential enrollment in the New York Drinking Driver Program (DDP) and associated costs
- Potential ignition interlock device installation and associated costs
Second Offense Penalties
If you receive a DWI, a second or third offense will incur a harsher punishment. If you are above 21-years-old and you have received a DWI for a second time, you may face the following penalties:
- A revoked license for at least 1 year
- A $1,000-$5,000 fine
- Potential jail time of up to 4 years
- Possible enrollment in the New York Drinking Driver Program (DDP) and associated costs
If you are under 21 years old and you have received a second DWI, your license may be revoked for 1 year or until the age of 21.
Third Offense Penalties
If you receive a third DWI, you may face the following charges:
- Fines ranging from $2,000-$10,000
- Up to 7 years in jail
- A revoked license for at least 1 year, with the possibility of having it permanently revoked
- State surcharges
A DWI is a serious charge no matter what. If you or a loved one received a DWI, you should contact an attorney immediately.
Contact our Firm
Criminal matters can change the course of your life forever. This is why you need an experienced attorney who will aggressively combat your charges to help mitigate their long-term effects. 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. We would be happy to assist you.