Being arrested for DWI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DWI attorney will help you understand all of your rights and options. 

What happens if I was arrested for DWI?
Under New York law, when you have been cited for violating the DWI statute, the state imposes penalties based on your blood alcohol content (BAC).  New York uses a 2-tier system to impose DWI charges upon an offender:

1. Driving While Ability Impaired (DWAI): BAC between 0.05% and 0.08%
2. Driving While Intoxicated: BAC of 0.08% or greater

Penalties for First Time DWAI Offenders

Jail Time
A first time DWAI offender can face imprisonment of up to 15 days.  The court may order alcohol treatment in lieu of jail time. 

Monetary Fines
The minimum fine for a first time DWAI is $300.00, up to $500.00.

Driving Privileges
A DWAI conviction results in the suspension of driving privileges for 90 days.

Penalties for First Time DWI Offenders

Jail Time
A first time DWI offender will face imprisonment of up to 1 year.

Monetary Fines
The minimum fine for a first time DWI is $500.00, up to $1000.00, plus any applicable fees.

Driving Privileges
A DWI conviction results in the suspension of driving privileges for a minimum of 6 months.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 1 year and a fine of $500.00.  Pursuant to New York law, after refusal to submit to a chemical test, an individual has 15 days to request a hearing from the Department Motor Vehicles.  If you fail to request a hearing within 15 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Motor Vehicles within 15 days.   

Commercial Drivers
Commercial drivers are in violation of the DWI statute with a blood alcohol content (BAC) of 0.04.  A first time DWI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DWI offenses will result in a lifetime loss of the commercial license. 

DWI Subsequent Offenses
Penalties are increasingly more severe for any additional DWI violations.  Due to the complexity of DWI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.