What are the Consequences of a First Offense DWI in New York State?

Accel Admin   July 17, 2019   Comments Off on What are the Consequences of a First Offense DWI in New York State?

If you are charged with a DWI in New York state, you are up against many tough penalties. The state of New York is extremely tough on drunk driving offenders, so it is extremely important you hire an experienced attorney to help you fight this charge. While the penalties for second, third and subsequent DWI offenses are even harsher, a first offense may drastically alter the course of your life as well. If you have been charged with a DWI, here are some of the questions you may have:

What is BAC?

In New York, you may be charged with a DWI if you have a blood alcohol content over the acceptable limit. For example, if you are 21 years or older, you will be charged with a DWI if you have a BAC of 0.08% or higher. If you are over 21 years old and are driving a commercial motor vehicle, you may be charged with a DWI if you have a BAC of 0.04% or higher. Lastly, if you are under the age of 21 and are charged with a DWI, you are violating New York’s Zero Tolerance Law if you are caught with a BAC of 0.02% or higher. 

What are the consequences of a first offense DWI for someone under the age of 21?

The courts will not treat you kindly because of your young age. If you are charged with a DWI and are under the age of 21, here are some of the penalties you may face:

  • Suspended license for 6 months
  • A $100 fee for suspension termination
  • A $!25 civil penalty
  • Potential enrollment in the New York Drinking Driver Program (DDP) and associated costs
  • Potential installation of an ignition interlock device and associated costs

In addition, if you are under 21 and refuse to take a chemical test for the first time, here are some of the penalties you may face:
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 are the consequences of a first offense DWI for someone who is over the age of 21?

If you have been charged with a DWI and are over the age of 21, here are some of the consequences you may face:

  • A revoked license for at least 6 months
  • Possible fines ranging from $500-$1000
  • Up to 1 year in jail
  • Potential enrollment in the DDP and applicable costs

If you are older than 21 and refused to take a chemical test, you may face even further penalties. You may have your license revoked for 1 year (or 18 months for commercial drivers) and a $500 civil penalty ($550 for commercial drivers).

Contact our New York firm

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.