The Fourth of July is a special day. Most of us see the Fourth of July as an opportunity to get together with friends, family and loved ones to celebrate the freedoms we as Americans have. However, in reality, the Fourth of July is not unlike any other day, in that the same rules and regulations of the road still apply. This may sound like a rather obvious point, however, there are more driving offenses committed on the Fourth of July than almost any other day of the year–and some of them are extremely dangerous. While you should never get behind the wheel under the influence of any substance, if you find yourself in a position where you are being charged with a DWI, you must contact an experienced attorney immediately to help mitigate the damage. Here are some questions you may have regarding DWI offenses in New York State:
What are some of the potential penalties for a first offense DWI in New York State?
If this is your first time being charged with a DWI, do not think they will let you off with a warning–if you are 21 years or older and are caught with a blood alcohol content of 0.08% (or 0.04%, if you are operating a commercial motor vehicle), some of the penalties you may face are:
- A suspended license for 6 months
- A $125 civil penalty
- A $100 fee for suspension termination
- Having to enroll in (and pay for) the New York Drinking Driver Program (DDP)
- Having to install (and pay for) an ignition interlock device
While these penalties are severe and may have a lasting impact on your life, if you are under 21 years of age, you may face even harsher penalties. New York is a zero-tolerance state, meaning if you have a blood alcohol content of 0.02% or higher, you may face the following:
- A suspended license for 6 months
- A $125 civil penalty
- A $100 fee for suspension termination
- Potential enrollment in the New York Drinking Driver Program and associated costs
- Potential ignition interlock device installation and associated costs
If you are under 21 and refuse to submit to a chemical test, the potential penalties are even further compounded. They are as listed:
- A $300 civil penalty
- A revoked license for at least one year
- A $100 fee to reinstate your license
- A $250 annual assessment fine for 3 years
What penalties may I face for my second or third DWI offense?
After your first offense, the courts generally become less and less patient with you and find it harder to have sympathy for your case. If this is your second DWI offense and you are over the age of 21, you may:
- Have your license revoked for at least one year
- Have to pay a $1000-$5000 fine
- Face up to 4 years in jail time
- Have to enroll in the New York Drinking Driver Program
If this is your third offense, you are most likely in very serious trouble. There is a good chance you will:
- Have to pay fines ranging from $2000-$10,000
- Face up to 7 years in jail time
- Have your license revoked for at least one year, though you may have it revoked forever
- Have to deal with state surcharges
If you are facing your third DWI offense in New York State, you must speak with an experienced attorney who will fight for your rights. A third DWI offense may change your life in a very significant and negative way.
Contact our firm
If you have been charged with a DWI or AGG DWI and wish to speak with an experienced attorney, contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.
