New York, like many other states, is cracking down on DWI and DWAI offenses. Those who are charged with one of these offenses will need to be aware of the possible penalties involved so they can be prepared. Keep reading to get an understanding of New York DWI laws.
Explanation of DWI and DWAI Charges
It is essential drivers realize the differences between DWI and DWAI charges. A DWI charge means a driver was found driving while intoxicated. A DWAI charge means driving while ability impaired. Of these two charges, DWIs are more serious and carry heftier penalties.
Drivers can be charged with a DWI in New York if they have a blood alcohol level of .02% or higher if under the age of 21, .04% or higher if a commercial driver, and .08% for all other motorists.
New York DWI and DWAI Penalties
Understanding the penalties for DWI and DWAI is critical for offenders. The following offers information on the penalties that may be faced based on the offense and the number of past or related offenses.
DWAI offenses are lesser than DWI. The first two offenses for DWAI are infractions. Once a person is charged with a third, the charge becomes a misdemeanor. The following are the penalties associated with a DWAI.
DWAI Penalties for First Offense
- 15 days maximum jail time
- $300 to $500 fine
- License suspension for 90 days
DWAI Penalties for Second Offense
- 30 days maximum jail time
- $500 to $750 fees
- Six-month revocation of the offender’s driver’s license
DWAI Penalties for Third Offense
- 180 days maximum jail time
- $750 to $1500 fine
- Six-month revocation of the offender’s driver’s license
DWI Penalties for First Offense
- Up to one year of jail time
- $500 to $1000 fine
- Six-month driver’s license revocation
- Interlock device installed for six months to a year
DWI Penalties for Second Offense
- One to four years of jail time
- $1,000 to $5,000 fine
- Thirty days of community service
- Up to one year of driver’s license revocation
- Interlock device installed for the full revocation duration
DWI Penalties for Third Offense
- One to seven years of jail time
- $2000 to $10000 fines
- Sixty days of community service
- Possible permanent driver’s license revocation
- Interlock device installed for the full revocation period
Additional Penalties
There are also additional penalties that may be imposed for those charged with a DWI or DWAI. These penalties are as follows.
- Those charged with a DWI or DWAI may be required to go through an alcohol and drug assessment.
- Defendants may also be required to go through a substance abuse treatment program.
- Offenders may be required to attend a Victim Impact Panel
- Offenders may be required to pay for a driver responsibility assessment of $250 a year for up to three years.
Hire Lawyers Experienced in New York DWI Laws
Driving while under the influence or while impaired is a serious offense that should be avoided. Getting behind the wheel while under the influence can lead to the hefty penalties above. Taking precautions to secure a designated driver is essential when individuals will be drinking. Driving while intoxicated could lead to your death or the death of others.
If you have been charged with drunk driving, the get in touch with an NYC DUI attorney today.