When a person drinks and drives, they can be pulled over and charged with Driving While Intoxicated (DWI). These are very serious charges in the state of New York. To determine if a driver is under the influence, a law enforcement officer may administer a Breathalyzer test or an Alcotest. Through this, they can determine the driver’s blood alcohol concentration (BAC). The legal limit for a driver’s BAC in the state of New York is 0.08%. If the driver is under 21, the legal limit is 0.02%. If they are over this limit, the driver can be charged with a DWI.
Consequences of a DWI
The penalties a person may face for driving while intoxicated can vary depending on the offense. For a first time offense, the driver may face the following consequences:
- Revoked license for a minimum of 6 months
- Fines from $500-$1000
- Possible jail time up to 1 year
- Possible enrollment in the New York Drinking Driver Program
For a driver under the age of 21, they may be subject to the following penalties:
- License suspension for 6 months
- A civil penalty of $125
- A $100 fee for suspension termination
- Possible enrollment in the New York Drinking Driver Program
- Possible installation of an ignition interlock device
It is important to know that these consequences can worsen for subsequent offenses.
High BAC
When a driver is found with a BAC between 0.08% and 0.18%, they can be charged with a DWI. However, if their BAC is over 0.18%, the driver may face a different charge entirely. If a driver is considered to have a High BAC, they may be charged with aggravated driving while intoxicated (AGG DWI). Drivers who commit an AGG DWI are subject to much more severe consequences than that of a regular DWI charge. Those who are convicted may face the following penalties:
- Fines from $1000-$2500
- License revocation for at least 1 year
- Possible jail time up to 1 year
- State surcharges and assessment costs
Similar to a regular DWI charge, those dealing with an AGG DWI charge can receive harsher consequences for subsequent offenses.
Contact our Firm
If you have been charged with a DWI or AGG DWI and wish to speak with an experienced attorney, contact KCS Law to schedule a consultation and we would be happy to assist you.
