The penalties for a first offense DWI vary. There’s a range of penalties. Each one has a maximum jail sentence of one year. You can get a combination of less than one year in jail and probation up to three years. You can get less than three years probation. You can get a simple fine with surcharges and penalties. You can get probation. You can get what we call an interim plea where you plead guilty, attend counseling, evaluations and at a subsequent time get the charges reduced. The sentences on a first time DWI vary by person, by background, by judge, and by jurisdiction.
If you are arrested for a first-offense DWI, your license gets suspended for at least six months. However, if it is an aggravated DWI, or a BAC of .18%, you automatically get your license suspended for a year. If you are under the age of 21 years old and are convicted for driving under the influence of alcohol, your license is automatically revoked.
In the event that you are arrested and convicted for a first defense DWI, it is important to seek legal counsel from an experienced attorney as soon as you can to accurately represent you in court. There are ways that the field sobriety tests that were performed at during the initial stop can be challenged, depending on your circumstance. Your attorney can discuss these with you and determine whether or not you can make a case and contest the field sobriety tests that were administered.
If you are in need of legal counsel in New York State, please feel free to contact Grunwald & Seman, P.C. and we would be happy to assist you.