A New York Criminal Defense Lawyer dedicated to providing a committed and vigorous representation. We successfully defend clients in State and Federal courts.
Charter Member: NYS Association of Criminal Defense Lawyers
- New York State Bar Association
- Association of Trial Lawyers of America
- American Bar Association
State Courts: DWI, Domestic Violence, Narcotics, Armed Felonies. Specializing in Possession of a Weapon and “Kingpin” Drug Trafficking cases.
Federal Cases: Criminal Enterprise, Narcotics Conspiracy, Money Laundering and White Collar crimes.
Trial litigation: Homicide, Assault and general jury trials.
Driving While Intoxicated (DWI)
NYS VTL Statute 1192
S 1192. Operating a motor vehicle while under the influence of alcohol
or drugs. 1. Driving while ability impaired. No person shall operate a
motor vehicle while the person’s ability to operate such motor vehicle
is impaired by the consumption of alcohol.
2. Driving while intoxicated; per se. No person shall operate a motor
vehicle while such person has .08 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.
VTL Section 1192
A drunk driving charge carries serious penalties including the possibility of jail time, license suspension (or revocation), and significant fines.
Administrative and criminal penalties for first-time DWI (driving while intoxicated) offenders in New York might vary depending on the blood alcohol concentration (BAC) and level of impairment of the driver.
For instance, there are increased penalties for a first-offense DWI where the driver has a BAC of .18% or higher, called an “aggravated DWI.”
But there are numerous other circumstances that might affect the penalties imposed for a first-offense DWI such as the age of the driver, whether anyone was injured, whether a minor was present in the car, and whether the person was driving a commercial vehicle.
The State of New York has multiple offense classifications for impaired drivers. These include:
DWI (Driving while intoxicated): Blood alcohol concentration (BAC) of .08% or higher (.04% or higher for drivers of commercial vehicles) or impaired to a “substantial extent”
Aggravated DWI: BAC of .18% or higher or driving intoxicated with passenger 15 years old or younger (For more information, see New York Aggravated DWI)
Alcohol-DWAI (driving while ability impaired): Ability to drive as a “reasonable and prudent” driver has been impaired to “any extent” by alcohol
Drug-DWAI: Ability to drive as a “reasonable and prudent” driver has been impaired to “any extent” by drugs (For more information, see New York’s Drugged Driving Law)
Combination-DWAI: Ability to drive as a “reasonable and prudent” driver has been impaired to “any extent” by a combination of alcohol and drugs
A first-offense DWI, sometimes called a DUI (driving under the influence), where the driver has a BAC of .08% or more (up to.18%) carries an administrative license suspension of at least six months (one year for drivers with a BAC of .18% or more or for drivers under 21 years old).
First-offenders who violate New York’s implied consent law by refusing to submit to chemical testing will typically have their license suspended for one year.
License reinstatement requires payment of reinstatement fees, installation of an ignition interlock device (for at least six months during probation or conditional discharge), and if applicable, completion of an “Impaired Driver Program,” (formerly called the “Drinking Driver Program”).
For drivers charged with a first-offense DWI/DUI in New York, there’s no minimum jail time required, but it’s possible to receive a jail sentence of up to one year. And all DWI/DUI convictions (including first offenses) require the use of an ignition interlock device. Fines for a first-time offense range from $500 to $1,000 (or between $1,000 and $2,500 with a BAC of .18% or more).
Depending on the circumstances, a DWI/DUI conviction can stay on your record (and affect the criminal and administrative penalties if you get a DWI in the future) for four, five, ten, or 25 years.
Contact a DWI Criminal Attorney
A DWI Criminal Lawyer will provide a Free Consultation and we are available to you 24 hours a day, 7 days a week, 365 days a year.
Our Criminal Attorneys will visit you at the Police Station, assist with Bail and recovery of your vehicle..