INTRODUCTION
New York prohibits driving while under the influence of alcohol. Alcohol related driving offenses are treated very seriously by New York prosecutors and courts. Depending on the particular facts of a given case a person caught driving drunk or impaired can face a wide variety of criminal charges under New York’s Vehicle and Traffic Law (VTL).
Below are the various types of charges a person can face.
VTL 1192.1 - Driving While Ability Impaired by Alcohol (DWAI/Alcohol): This violation is charged when a driver’s blood alcohol concentration (BAC) is more than .05 but less than .08.
VTL 1192.3 - Driving While Intoxicated (DWI Refusal): This misdemeanor is charged when a driver appears to be drunk but refuses to take a breathalyzer or other chemical test. If the driver has a previous DWI misdemeanor conviction within the previous 10 years, then the driver will be charged with a felony.
VTL 1192.2 - Driving While Intoxicated (DWI Per Se): This misdemeanor is charged when a driver’s BAC is .08 or higher. If the driver has a previous DWI misdemeanor conviction within the previous 10 years, then the driver will be charged with a felony.
VTL 1192.2(2-a) - Aggravated Driving While Intoxicated (Aggravated DWI): This misdemeanor is charged when a driver’s BAC is .18 or higher. If the driver has a previous DWI misdemeanor conviction within the previous 10 years then the driver will be charged with a felony.
WHAT HAPPENS UPON ARREST?
A driver arrested for DWAI Per Se and Aggravated DWI will have their driver’s license administratively suspended pending the prosecution of the case. A driver charged with DWI Refusal will be called before the New York State Department of Motor Vehicles for a Refusal Hearing. If the DMV finds that the driver did in fact refuse after being given appropriate warnings about the consequences of such refusal, then the driver will have their license revoked for one year regardless of the outcome of the criminal case.
WHAT HAPPENS UPON CONVICTION?
The penalties imposed on a driver will depend on what exactly a driver is found guilty of.
A driver convicted of DWAI/Alcohol faces the following possible penalties:
For a first offense: fines ranging between $300 and $500, suspension of driver’s license for 90 days, and a maximum of 15 days incarceration.
For a second offense: fines ranging between $500 and $750, revocation of driver’s license for at least 6 months, and a maximum of 30 days incarceration.
For a third offense: fines ranging between $750 and $1,500, revocation of driver’s license for at least 6 months, and a maximum of 180 days incarceration.
A driver convicted of DWI Refusal or DWI Per Se faces the following penalties:
For a first offense: fines ranging between $500 and $1,000, revocation of driver’s license for at least 6 months, and a maximum of 1 year incarceration.
For a second offense: fines ranging between $1,000 and $5,000, revocation of driver’s license for at least 1 year, and a maximum of 4 years incarceration.
For a third offense: fines ranging between $2,000 and $10,000, revocation of driver’s license for at least 1 year, and a maximum of 7 years incarceration.
A driver convicted of Aggravated DWI faces the following penalties:
For a first offense: fines ranging between $1,000 and $2,500, revocation of driver’s license for at least 1 year, and a maximum of 1 year incarceration.
For a second offense: fines ranging between $1,000 and $5,000, revocation of driver’s license for at least 18 months, and a maximum of 4 years incarceration.
For a third offense: fines ranging between $2,000 and $10,000, revocation of driver’s license for at least 18 months, and a maximum of 7 years incarceration.
THE NEED FOR AN EXPERIENCE DWI DEFENSE ATORNEY
If you find yourself charged with any DWI related offense, then it is imperative that you obtain the services of an experienced attorney as soon as possible. Just being charged with a crime does not mean you have to be convicted of that crime. An experience attorney will do the following in your defense:
In certain situations, an attorney can prevent your driver’s license from being suspended pending prosecution or help you obtain a hardship license from the court which will enable you to drive to and from work during the pendency of the criminal case.
An attorney can also appear for you at the DMV Refusal Hearing and attempt to prevent the revocation of your driver’s license.
An attorney can also ensure that the prosecutor provides all required discovery and respects your statutory and constitutional rights in your criminal case, filing motions to dismiss should your rights be violated.
An attorney can help you navigate the myriad of pretrial diversion options available in New York that may help you avoid a criminal conviction by seeking professional help to address any addiction problems you may have.
An attorney can file motions and conduct litigation on your behalf to suppress evidence from being used against you at trial which can severely limit the prosecutor’s ability to convict you.
Finally, an attorney can defend you at trial if the case proceeds that far.
The Law Office of Patrick Fischer is available for a free consultation to answer any of your questions or concerns regarding your DWI case. Patrick Fischer is an experience Criminal Law Attorney having prosecuted and defended hundreds of DWI cases.
Call or email Patrick Fischer today: (845) 418-6894 or patrickfischerlaw@gmail.com.
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