Penalties for DWI in New York

In New York driving while intoxicated by drugs or alcohol is considered a serious offense. Not only will your driving privileges be suspended or revoked, you may also face fines and imprisonment. The specific penalty depends on the specific DWI charge as well as several other factors. If you or someone you care about is facing a charge of DWI, DWAI, underage DWI, or any other charge related to driving while intoxicated, contact an experienced New York DWI lawyer at Stephen Bilkis & Associates. Driving while intoxicated is a serious offense in the state of New York and it is critical that you have experienced representation.

In New York, the penalties for a DWI depend on several factors, including the driver's blood alcohol concentration (BAC), whether there were any injuries or property damage, and whether it's a repeat offense. Here are the general penalties:

• First Offense DWI:
  • BAC of 0.08% or higher: A fine of $500-$1,000, up to 1 year in jail, driver's license revocation for at least 6 months, and a $250 annual assessment fee for 3 years.
  • BAC of 0.18% or higher: A fine of $1,000-$2,500, up to 1 year in jail, driver's license revocation for at least 1 year, and a $250 annual assessment fee for 3 years.
• Second Offense DWI (within 10 years):
  • BAC of 0.08% or higher: A fine of $1,000-$5,000, up to 4 years in jail, driver's license revocation for at least 1 year, and a $250 annual assessment fee for 3 years.
  • BAC of 0.18% or higher: A fine of $2,000-$10,000, up to 4 years in jail, driver's license revocation for at least 18 months, and a $250 annual assessment fee for 3 years.
• Third Offense DWI (within 10 years)
  • BAC of 0.08% or higher: A fine of $2,000-$10,000, up to 7 years in jail, driver's license revocation for at least 1 year, and a $250 annual assessment fee for 3 years.
  • BAC of 0.18% or higher: A fine of $4,000-$10,000, up to 7 years in jail, driver's license revocation for at least 18 months, and a $250 annual assessment fee for 3 years.

Additionally, there may be other penalties, such as mandatory participation in an alcohol treatment program or installation of an ignition interlock device on the vehicle, which requires the driver to blow into a breathalyzer before starting the car.

As an experienced New York DWI lawyer can explain, aggravating factors are specific circumstances that can make a DWI offense even more serious and can result in harsher penalties. While having a BAC that is significantly higher than the legal limit is one aggravating factor, there are others.

Causing an Accident. If you cause an accident while driving under the influence of drugs or alcohol, you could be charged with vehicular assault or vehicular manslaughter. Vehicular assault can be a Class E or Class D felony in New York and carries a potential sentence of up to seven years in prison. Vehicular manslaughter can be a Class D or Class C felony in New York and carries a potential sentence of up to 15 years in prison.

Having a Child in the Car. If you are caught driving under the influence of drugs or alcohol with a child in the car, you could face additional charges for endangering the welfare of a child. This offense is a Class A misdemeanor in New York and carries a potential sentence of up to one year in jail. The penalties for a regular DWI are also more severe when a child is in the car, even if no harm comes to the child.

Other Aggravating Factors. Other aggravating factors that can result in more severe penalties for a DWI offense include driving without a valid driver's license or insurance, fleeing the scene of an accident, or having a previous DWI conviction on your record. If any of these factors are present in your case, you could be facing more severe penalties than if you had a clean driving record and were charged for driving under the influence for the first time.

People v. Monroe, 63 A.D.3d 1044 (2d Dep't 2009) is a New York case that deals with the aggravating factors present in a DWI case. The defendant, Monroe, was stopped by police for speeding and failing to maintain his lane of travel. Upon being stopped, the police officer noticed that Monroe had bloodshot eyes and smelled of alcohol. Monroe admitted to drinking and submitted to a field sobriety test, which he failed.

Monroe was arrested and taken to a police station where he submitted to a breathalyzer test. The test showed that Monroe had a BAC of .17%. Additionally, Monroe had a prior DWI conviction and had been driving with a child in the car at the time of his arrest. He was subsequently charged with aggravated DWI.

At trial, Monroe argued that the police lacked probable cause to stop him and that the breathalyzer test results should be suppressed. The court rejected Monroe's arguments and allowed the breathalyzer test results to be admitted as evidence. The court also found that the aggravating factors present in the case warranted a harsher sentence. Monroe was ultimately sentenced to 1-3 years in prison.

This case is significant because it shows how aggravating factors, such as prior convictions and the presence of children in the car, can significantly impact the severity of penalties in DWI cases. It also highlights the importance of having an experienced DWI attorney serving New York who can help you understand the legal issues in your case and defend your rights.

A DWI conviction may mean years in prison, stiff fines, and loss of driving privileges. You may also be required to have an ignition interlock device on the vehicle for months. Aggravating factors can significantly increase the severity of the penalties for a DWI offense. If you are charged with a DWI in New York, it’s important to not handle the case alone. Act quickly and contact a skilled DWI attorney in New York. Contact Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, Westchester County, and Suffolk County.