If you have been charged with driving under the influence (DUI) or driving while intoxicated (DWI), you could face serious penalties, including jail time, probation, and losing your driver’s license. Roche Law Group will help you navigate the complex legal process and protect your rights.
DUI/DWI Related Laws
Under the New York State Penal Law, it is a crime to operate a motor vehicle while under the influence of alcohol or drugs. The legal blood alcohol content (BAC) limit in New York is .08 percent.
If the authorities catch you driving with a BAC of .08 or above, the district attorney will charge you with DUI or DWI. Meanwhile, you will be charged with DWAI if caught driving while impaired by drugs.
Types of DUI and DWI Violations in Hauppauge
There are different types of DUI and DWI charges that an individual can face in New York. The specific charge depends on the facts and circumstances of your case, as well as your prior criminal history.
Driving While Intoxicated
You can be charged with DWI if your BAC is .08 or above or if a police officer observes that you are impaired by drugs or alcohol. For commercial drivers, the BAC limit is .04.
- First Offense: A maximum one-year jail time, a fine between $500 to $1,000, and license revocation for at least six months.
- Second Offense: A jail sentence of up to four years, a fine between $1,000-$5,000, and license revocation for at least a year if DWI charges occurred within the past ten years.
- Third Offense: A 7-year jail time, $2,000 to $10,000 penalty, and at least one year of license revocation if it occurred within the past ten years.
Driving While Ability Impaired
For the District Attorney to convict you of DWAI, the prosecutor must prove that your BAC was between .05 and .07 and that alcohol or drugs impaired your driving ability.
There are also different types of DWAI, each with its own penalties:
a) Driving While Impaired by a Drug (DWAI/Drug)
- First Offense: At least one-year jail time, $500 to $1,000 fine, and license revocation for at least six months.
- Second Offense: Up to four years of jail time, a fine between $1,000-$5,000, and a minimum of one-year license revocation if occurred within the past ten years.
- Third Offense: A 7-year jail time, a $2,000 to $10,000 penalty, and a minimum of one-year license revocation if it occurred within the past ten years.
b) Driving While Ability Impaired by a Single Drug Other Than Alcohol (DWAI/Alcohol)
- First Offense: A $300 to $500 fine, 15-day prison time, and 90-day license suspension.
- Second Offense: A $500 to $700 fine, 30-day prison time, and six-month license revocation if it occurred within five years.
- Third Offense: A $750 to $1,500 fine, 180-day prison time, and six-month license revocation if it occurred subsequently or within the last ten years.
c) Driving While Ability Impaired by a Combination of Drugs and Alcohol (DWAI/Combination)
- First Offense: A $500 to $1,000 penalty, one-year jail time, and license revocation of at least six months.
- Second Offense: A $1,000 to $5,000 penalty, four-year jail time, and license revocation of at least six months if it occurred within the past ten years.
- Third Offense: A 2,000 to $10,000 fine, seven-year jail time, and license revocation of at least one year if it occurred within the past ten years.
Why Hire a DUI/DWI Lawyer in Hauppage?
DUI and DWI charges involve complex legal issues and procedures. Our seasoned attorneys in Hauppauge have experience handling all types of DUI and DWI cases, and we will work tirelessly to achieve the best possible outcome for your case.
Our team will thoroughly investigate the facts and circumstances of your case to determine which defenses they can raise. We will also challenge the evidence against you and the validity of any field sobriety or breathalyzer tests.
Contact us today for more information about our DUI and DWI defense services or to schedule a free consultation.
