In New York, Driving While Intoxicated (DWI) is a grave criminal offense that poses a significant threat to public safety. The legal system views DWI with the utmost seriousness due to its potential for causing serious bodily injury, fatalities, and extensive property damage. Consequently, courts have discretion to impose a custodial sentence as a powerful deterrent against future impaired driving. This potential jail time is one of the several stringent penalties that can be levied upon a conviction. The length of a potential jail sentence for a DWI can vary widely. Please continue reading as we explore what you should know about these matters and how an experienced Garden City, NY DWI/DUI Attorney can help safeguard your freedom.
Will I Face Jail Time for a DWI Offense in New York?
Contrary to popular belief, a driving while intoxicated (DWI) conviction in New York can result in jail time. However, the specific duration of the sentence depends on various factors, including whether it’s a first or subsequent offense, whether there were any aggravating factors, and your blood alcohol concentration (BAC) level. Generally, those with higher BAC levels face harsher consequences, as this indicates a greater degree of impairment.
A first-offense DWI conviction can result in a jail sentence of up to one year, along with fines and driver’s license revocation. A second DWI conviction within ten years can result in a jail sentence of up to four years and other penalties. A third DWI conviction in a decade may result in felony charges and a prison sentence of up to seven years.
What if I Caused an Accident?
If your DWI case involves a motor vehicle accident, it can dramatically increase the penalties, especially if it caused serious bodily injury or death. Such cases can elevate the charges to felonies, leading to substantial jail terms, in addition to other repercussions. The court can also consider factors like the presence of a minor in the vehicle at the time of the offense, which can lead to enhanced penalties.
It’s important to note that vehicular manslaughter could be charged as either a second-degree or first-degree offense. Vehicular manslaughter in the second degree is a Class D felony, punishable by up to seven years in prison. A first-degree offense is a Class C felony, punishable by up to fifteen years behind bars and a mandatory minimum of one year in jail. This is the most severe charge, which may apply when the motorist has prior convictions for similar offenses.
For more information, please don’t hesitate to contact a dedicated attorney at KCS Law.