Driving While Intoxicated (DWI) is a misdemeanor criminal charge in New York. A conviction of this charge can lead to severe legal consequences, including paying hefty fines and jail time. If you have been convicted of multiple DWIs or DWAIs (Driving While Ability Impaired), what are your options? And what are the possible penalties you may face?
In New York, any driver who is proven to have a blood alcohol content (BAC) level between 0.05 and 0.07 percent can be arrested, charged, and convicted of a DWAI. If a driver has a BAC of 0.08 percent or more, that driver can be charged and convicted of a DWI. The difference between these two charges is the level of the BAC. A first-time DWAI conviction carries a penalty of a fine up to $500, a three-month driver’s license suspension, and up to 15 days of jail time. A DWI conviction for a first-time offender can lead to six-month license revocation, a requirement to install an ignition interlock device for a year, up to one year of jail time, and a fine up to $1,000. These penalties are all for first-time offenders.
But what if you have been convicted of a DWI or other alcohol-related crime in the past? How could that affect your current DWI charge? Being convicted for a subsequent DWI can lead to a Felony DWI charge. A Felony DWI charge can be brought against any driver who committed at least one of the following:
- A prior DWI within the past 10 years;
- Operating of a motor vehicle with a suspended driver’s license (if the suspension is due to a DWI charge or conviction);
- Driving while intoxicated or impaired with a passenger under the age of 16 years;
- Causing serious physical injury or death due to intoxication or impairment.
If you are convicted of a Felony DWI, the penalties can range include a prison term up to seven years, a fine up to $10,000, and a mandatory 18-month driver’s license revocation (at the minimum). A similar charge, Felony DWAI, can be brought against an impaired (not intoxicated) driver who has prior alcohol-related convictions. A Felony DWAI conviction may result in a seven-year prison sentence, a five-year probation period, a fine up to $10,000, requirement to install an ignition interlock device, and a one-year revocation of your driver’s license.
Getting Help Today
If you or someone you know has been charged with a DWI, whether it is your first charge or not, call the DWI Team today and feel less stress tomorrow. Timing is essential when handling these cases, and you want the best defense possible. Our experienced DWI lawyers have been practicing New York law for years. We understand the complications of previous DWI convictions, and how those convictions may affect your case. Our legal strategy will ensure you get the best possible defense for your DWI charge. Contact us today for a free case evaluation.
DISCLAIMER: 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 The DWI Team are located at 231 Walton Street, Syracuse, NY 13202; Telephone No.: 1-800-394-8326. Prior results do not guarantee a similar outcome.
