Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) pertains to operating a motor vehicle with alcohol or drug impairment. In the state of New York, it is a criminal offense to drive with a blood alcohol content (BAC) of .08% or higher. However, you must understand that you can still face DUI/DWI charges even if your BAC is below the legal limit.
DUI/DWI offenses cover a broad spectrum of severity, ranging from minor misdemeanors to serious felonies. Convictions can lead to hefty fines, jail time, community service, license suspension/revocation, and other penalties.
If you’re facing DUI/DWI charges in Gordon Heights, Long Island, NY, seeking representation from an experienced and trustworthy DWI lawyer is crucial. DUI/DWI attorney, Olivier E. Roche, is committed to providing the legal advice and representation you need to safeguard your rights.
New York Laws on DUI/DWI
Alcohol-related incidents contribute to more than 30% of fatal crashes in New York. The Vehicle and Traffic Law in New York State explicitly prohibits driving a motor vehicle with a BAC of .08% or higher. Additionally, it is unlawful to operate a vehicle while impaired by drugs or alcohol, even if your BAC is below .08%.
Penalties for DUI/DWI Violations in Gordon Heights, Long Island NY
Being convicted of DUI/DWI in New York can result in severe consequences, depending on the nature of the offense and the defendant’s criminal history. The penalties for different DUI/DWI violations are as follows:
Driving While Intoxicated (DWI) – V.T.L 1192.2 et al. or 1192.3
- First Offense: Up to one year in jail, a fine ranging from $500 to $1,000, and a six-month license revocation.
- Second Offense: Up to four years in prison, a fine between $1,000 to $5,000, and a minimum one-year license revocation if the previous DWI charge occurred within the last ten years.
- Third Offense: Seven years in jail, a penalty ranging from $2,000 to $10,000, and a minimum one-year license revocation if the previous DWI charge occurred within the last ten years.
- * Commercial Drivers are subject to enhanced penalties*.
Driving While Impaired by Alcohol – V.T.L 1192.1
- First Offense: Maximum of 15 days in jail, a fine between $300 to $500, and at least 90 days of license revocation.
- Second Offense: Maximum of 30 days in jail, a fine between $500 to $750, and a minimum one-year license revocation if the previous charge occurred within the last ten years.
- Third Offense: Misdemeanor offense, subject to not more than 180 days in jail, a fine between $750 and $1,500, and a minimum 6-month license revocation if the previous charge occurred within the last ten years.
- * Commercial Drivers are subject to enhanced penalties *.
Driving While Ability Impaired by a Single Drug Other Than Alcohol V.T.L 1192.4
- First Offense: 364 days in jail, a fine between $500 to $1,000, and a 180-day license revocation.
- Second Offense: Four years in jail, a fine ranging from $1,000 to $5,000, and a minimum one-year license revocation if the previous charge occurred within the last ten years.
- Third Offense: Seven years in jail, a penalty between $2,000 to $10,000, and a minimum one-year license revocation if the previous charge occurred within the last ten years.
Driving While Ability Impaired by Both Drugs and Alcohol V.T.L 1192.4A
- First Offense: One year in jail, a fine between $500 to $700, and a six-month license revocation.
- Second Offense: Four years in jail, a fine ranging from $1,000 to $5,000, and a minimum six-month license revocation if the previous charge occurred within the last ten years.
- Third Offense: Seven years in jail, a penalty between $2,000 to $10,000, and a minimum one-year license revocation if the previous charge occurred within the last ten years.
Aggravated Driving While Intoxicated in Violation of V.T.L. 1192.2A
The Defendant’s BAC level is .18 or higher.
- First Offense: If convicted, it will be a misdemeanor. Up to one year in jail, a fine ranging from $1,000 to $2,500, and a 1-year license suspension.
- Second Offense: Up to four years in jail, a fine between $1,000 to $5,000, and a minimum one-year license revocation if the previous DWI charge occurred within the last ten years.
- Third Offense: Seven years in jail, a penalty ranging from $2,000 to $10,000, and a minimum one-year license revocation if the previous DWI charge occurred within the last ten years.
- * Commercial Drivers are subject to enhanced penalties *.
Note: The Ignition Interlock Device requirement is found in Penal Law section 65.10(2)(k-1):
The Court must require the installation of the Ignition Interlock Device when a person has been convicted of a violation of VTL 1192.2 (DWI over .08), 1192.2a (Agg. DWI .18), or 1192.3 (DWI common law), or any crime defined by the VTL (“Vehicle and Traffic Law”) for which an alcohol-related violation of any provision is an essential element
Why You Should Hire a DUI/DWI Lawyer
The advantages of hiring an experienced DWI lawyer cannot be overstated. While some individuals might consider handling their case or entrusting it to someone without specific DWI defense experience, doing so can have serious implications. Here are the reasons why having a lawyer with a proven track record is crucial:
- Extensive Knowledge of the Law: Lawyers can identify critical legal issues and craft targeted defenses that favor their clients.
- Informed Legal Expertise: Experienced attorneys are familiar with the intricacies of the legal system and are skilled at navigating it.
- Familiarity with Police Procedures: Lawyers have a thorough understanding of police protocol and procedure, allowing them to spot potential infractions that can help to suppress evidence against the accused.
- Personalized Insight on Your Case: A lawyer carefully evaluates individual case details and provides valuable advice on the best action to move forward or negotiate a plea deal if necessary.
Secure Exceptional Legal Representation for Your Case
Roche Law Group provides top-notch legal representation if you face DUI/DWI charges in Gordon Heights, Long Island, NY. Attorney, Olivier E. Roche, will tirelessly defend your rights and ensure justice is served.
With our dedication and expertise, we strive to achieve the best possible outcomes for your case. Contact us today!
