If you are charged with Driving While Intoxicated (DWI) in New York, you should expect your vehicle to be impounded by the police. Depending on the severity of the offense, your car could even be permanently forfeited to the state. As such, it’s imperative to connect with an experienced Garden City, NY DWI/DUI Attorney who can help you understand your rights and options. Please continue reading as we explore what you should know about these matters.
Will My Vehicle Be Impounded After a DWI?
When you are arrested for a DWI in New York, it’s crucial to understand what could happen to your vehicle. There is a good chance your car could be impounded or subjected to forfeiture proceedings. Police have the discretion to decide what happens to a vehicle after a DWI arrest.
Although common, law enforcement is not obligated to impound a vehicle in every DWI arrest. Depending on the unique circumstances, they may let you contact a friend or family member to pick up your car from the scene. Alternatively, if there is a sober passenger with a valid driver’s license present, they may allow them to operate your vehicle. If neither of these options is feasible, the police can impound your vehicle. As mentioned above, the police are expected to use reasonable judgment when deciding the most suitable option for handling your vehicle after a DWI arrest.
Vehicle impoundment is intended to deter future drunk driving offenses by removing the vehicle from the driver’s immediate control. You should note that vehicle confiscation for a DWI is usually limited to repeat offenders. However, certain aggravating factors can influence law enforcement’s decision to impound a vehicle. This includes the availability of a sober driver, whether the vehicle is a potential hazard, an exceptionally high blood alcohol concentration (BAC), and prior DWI offenses.
What Are the Penalties for a DWI in New York?
If you have been charged with a DWI in New York, it’s crucial to understand the penalties you can face upon a conviction. The repercussions of a DWI extend far beyond the mere inconvenience and expense of having your vehicle impounded. Generally, those over the age of 21 with a BAC of 0.08% or higher can face a revoked license for six months, fines ranging from $500 to $1,000, and up to one year behind bars for a first-offense DWI. Subsequent DWI offenses often result in more severe penalties as the court wants to deter repeat offenders.
If you are facing DWI charges, please don’t hesitate to contact a dedicated attorney from KCS Law, who can effectively represent you in court to try to minimize the penalties you face. Connect with our firm today so we can get started working on your case.
