Well-meaning people can quickly find themselves facing serious consequences after choosing to drive while intoxicated.
BAC levels determine the severity of a DWI charge
In New York, the severity of a DWI charge depends on a few factors including your blood alcohol content (BAC) at the time of your arrest. Low BAC levels lead to DWAI (driving while alcohol impaired) charges. High BAC levels lead to charges for aggravated DWI, which are more severe. You can also be charged with aggravated DWI if there was a passenger in your car under 15 years old while you are intoxicated.
The BAC levels for each type of charge are:
- DWAI: Any BAC level that creates any extent of driving impairment
- DWI: 0.08% to 0.18%
- Aggravated DWI: BAC of 0.18% or higher
DWAI charges (any BAC): First offence
DWAI is often a type of charge with lower BAC levels. Your first DWAI will result in:
- Fine: $300 – $500
- Jail sentence: Up to 15 days
- License revocation: At least 90 days
DWI charges (0.08% to 0.18% BAC): First offence
Your first DWI conviction in New York happens when a court convicts you of this misdemeanor. It will result in:
- Fine: $500 – $1,000
- Jail sentence: Up to one year
- License revocation: One year or more
After an initial conviction, the state suspends your driver’s license for a minimum of six months. You’ll likely need to adhere to other conditions of your conviction, including using a breathalyzer in your car or participating in a Drinking Driver Program.
The conviction will remain on your permanent record as a misdemeanor. You’ll also find that insurance rates go up after a first DUI offense.
Aggravated DWI charges (0.18% or higher BAC): First offence
An aggravated DWI has far more severe consequences. If you had a BAC over 0.18% or were arrested for drunk driving while there was a child under the age of 15 in your car, you will likely face a charge of aggravated DWI.
In New York, your first aggravated DWI can result in:
- Fine: $1,000 – $2,500
- Jail sentence: Up to one year
- License revocation: At least six months
Similarly to the lesser DWI charge, you’ll need to adhere to certain conditions of your conviction, including increased insurance rates, using a breathalyzer in your car, or participating in a Drinking Driver Program.
The conviction will remain on your permanent record as a misdemeanor.
Charged with a first offence DWI in New York?
The DWI Team at DWI Law Firm can help you go through every detail of your stop if you’re facing a charge—why they pulled you over, how they tested you, and whether your rights were upheld. If there’s a weakness in their case, we can help you challenge it. If necessary, we’ll negotiate for what’s fair, keeping your license and record in mind.
To get started, call our office in Syracuse, New York at 866-792-7800 or contact us here.
FAQs
What happens for a first offense DWI in New York?
Your first DWI in New York will result in $500 – $1,000 fine, up to a year in jail, and your license revoked for up to a year. The details depend on your case and sentencing.
What is the fine for your first DUI?
Your first DWI in NY can lead to a $500 – $1,000 fine, plus court fees and increased insurance costs. The details depend on your case.
The attorneys at the law firm of DWI Team Defense Attorneys are experienced in handling DWI cases. If you need a DWI lawyer who can help you obtain the best possible outcome in your DWI case, call the law firm of DWI Team Defense Attorneys.
The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for DWI Team Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.
