What Are the Penalties for DWI in New York?

The consequences of a DWI conviction can be severe. Penalties vary based on whether a conviction is your first, second, or third offense. If your case involves aggravating circumstances such as reckless driving or an especially high blood alcohol content level (BAC), the judge hearing your case may use this evidence to justify a heavier sentence.

With a DWI conviction, you may face thousands of dollars in fines, months or years of driver’s license suspension, mandatory community service or sobriety programs, or even jail time. You may also be required to install a breathalyzer interlock device (IID) on your car. Chances are also high that your insurance premiums will increase.

Because DWI penalties are so disruptive and escalate with each conviction, you want to fight the charges whenever possible. Just because such a charge may be your first doesn’t mean you should accept it without challenge, even if the odds appear to be stacked against you. An experienced DWI lawyer can use various legal tools and strategies to challenge the evidence and the strength of the case against you.

If you’ve been charged with a DWI or DWAI in New York, the team at The Kugel Law Firm is ready to help. Our New York DWI lawyers can provide experienced legal guidance and representation aimed at reducing your charges, minimizing penalties, or potentially avoiding a DWI on your record. Contact us today at (212) 372-7218 to schedule a consultation and move forward in achieving a more favorable outcome.

Defining DWI, DWAI, and DUI Under New York Law

In New York, the distinctions between DWI, DWAI, and DUI are important to understand for anyone facing charges related to impaired driving. Each term has specific legal implications that affect the consequences one might face.

DWI

DWI stands for “Driving While Intoxicated.” This offense applies to drivers who operate a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher, aligning with the state’s legal threshold for intoxication. The law treats such violations with serious concern, often resulting in significant legal consequences.

DWAI

DWAI refers to “Driving While Ability Impaired,” covering cases where a driver’s BAC is below 0.08%, but there is still evidence of impairment due to alcohol or drugs. New York recognizes this as a serious offense, albeit slightly less severe compared to DWI. The assessment of impairment is based on observation of the driver’s abilities and behavior, such as slurred speech or poor coordination. Penalties for DWAI may be less severe than those for DWI but can escalate quickly if the impairment contributes to an accident causing injury or property damage.

DUI

The term DUI, or “Driving Under the Influence,” is not officially used in New York law. It generally refers to impairment from any intoxicating substances, such as alcohol and drugs. New York focuses on DWI and DWAI as the primary offenses related to impaired driving, depending on the specifics of the case.

While the terms DWI, DWAI, and DUI may be used interchangeably in everyday conversation, in New York, they carry distinct definitions. Being familiar with these distinctions and their implications is crucial for anyone involved in cases of impaired driving in the state. If you are involved in such charges, seeking guidance from a knowledgeable legal professional is advised to address the situation effectively.

Offense	Details
Driving While Intoxicated (DWI)	Applies to drivers with a BAC of 0.08% or higher, leading to serious consequences.
Driving While Ability Impaired (DWAI)	Involves a BAC below 0.08% but with observed impairment in ability or behavior.
Driving Under the Influence (DUI)	Not officially recognized in New York but refers broadly to impairment caused by substances.

Penalties for DWI in New York

New York state has two different types of charges for impaired driving: a DWI (Driving While Intoxicated) and a DWAI (Driving While Ability Impaired). To be charged with a DWI, your BAC must read 0.08% or higher. If your BAC is less than 0.08% but you fail a field sobriety test or you show other signs of intoxication, you could be charged with a DWAI.

New York will also automatically revoke your driver’s license for a minimum of 6 months after a DWI conviction, even if it’s your first offense.

• For DWAI offenses, you face a suspension of 90 days plus fines, surcharges, and fees, classes, and up to 15 days in jail. A DWAI is a violation, not a crime, and will not give you a criminal record. 
• A DWI offense carries fines up to $500, jail time for up to 1 year, and up to 3 years of probation. There are also classes, surcharges, and fees. You will also have a criminal record.
• For a second DWI offense within 10 years of the first, the charge becomes a Class E felony that can result in a fine of up to $5000 and prison time for up to 4 years. Your driver’s license will also get revoked for at least 1 year.
• An aggravated DWI offense involves a BAC of .18% or higher and carries similar consequences, except your license may be revoked for longer, a minimum of 1 year. 
• Refusing a chemical test such as a blood, breathalyzer, or urine test results in fines and suspension of your driver’s license in NY for 1 year (or 18 months for subsequent offenses).

Depending on the facts of your case and the strength of the evidence against you, your attorney may have strategies and options to reduce or eliminate your charges. For anyone facing such legal challenges, taking prompt action is crucial.

Get Experienced Legal Guidance and Representation at The Kugel Law Firm Today

Facing a DWI charge can feel overwhelming, especially considering the serious repercussions it can have. At The Kugel Law Firm, our attorneys are well-versed in New York DWI laws and dedicated to defending the rights of our clients. We can thoroughly analyze every aspect of the case—from the evidence presented against them to the procedures followed during their arrest—to craft a compelling defense strategy. Our aim is to reduce or get the charges dismissed, thereby lessening the potential penalties. Contact us today at (212) 372-7218 to schedule a consultation.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/what-are-the-penalties-for-dwi-in-new-york/