DUI/DWI refers to Driving Under the Influence of alcohol or drugs. In New York, it’s considered a criminal offense to operate a motor vehicle with a blood alcohol content (BAC) of .08% or above. However, even if your BAC is below the legal limit, you could still face DUI/DWI charges.
DUI/DWI violations in New York range from minor misdemeanors to serious felonies. The consequences of a conviction could involve substantial fines, potential jail time, community service, license suspension or revocation, and other penalties.
If you’re facing a DUI/DWI charge in Wyandanch, Long Island, NY, it’s essential to promptly secure representation from an experienced and reliable DUI/DWI attorney. The accomplished DUI/DWI lawyers at Roche Law Group, P.C. are here to offer the legal counsel and advocacy you need to safeguard your rights.
Understanding New York’s DUI/DWI Laws
Over 30% of fatal accidents recorded in New York are linked to alcohol. According to the New York State Vehicle and Traffic Law, it’s illegal to drive with a Blood Alcohol Content (BAC) of .08% or if the driver is impaired by substances, even if their BAC is below .08%.
Penalties for DUI/DWI Violations in Wyandanch
Being convicted of DUI/DWI in New York can lead to severe consequences that vary based on the circumstances of the offense and the individual’s prior criminal history.
Driving While Intoxicated (DWI) – V.T.L 1192.2 et al. or 1192.3
Applicable to commercial drivers with a BAC level of .04 and above, non-commercial drivers with a .08 BAC level, and those impaired by drugs.
- First Offense: Maximum one year in jail, fines ranging from $500 to $1,000, and a six-month license revocation.
- Second Offense: Up to four years in jail, fines between $1,000 and $5,000, and at least one year of license revocation if a DWI charge occurred within the past ten years.
- Third Offense: Seven years in jail, fines ranging from $2,000 to $10,000, and a minimum one-year license revocation if charged within the past ten years.
* Enhanced penalties apply to Commercial Drivers.
Driving While Impaired by Alcohol – V.T.L 1192.1
When BAC ranges from .05 to .07, or driving ability is impaired by alcohol.
- First Offense: Up to 15 days in jail, fines between $300 and $500, and at least 90 days of license revocation.
- Second Offense: Maximum 30 days in jail, fines ranging from $500 to $750, and a minimum one-year license revocation if charges occurred within the past ten years.
- Third Offense: A misdemeanor with a potential jail time of up to 180 days, fines between $750 and $1500, and a minimum six months license revocation if charged within the past ten years.
*Enhanced penalties apply to Commercial Drivers.
Driving While Ability Impaired by a Single Drug Other Than Alcohol V.T.L 1192.4
- First Offense: Maximum 364 days in jail, fines ranging from $500 to $1000, and a 180-day license revocation.
- Second Offense: Up to four years in jail, fines between $1,000 and $5,000, and a minimum one-year license revocation if charged within the last ten years.
- Third Offense: Seven years in jail, fines ranging from $2,000 to $10,000, and a minimum one-year license revocation if charged within the last ten years.
Driving While Ability Impaired by Both Drugs and Alcohol V.T.L 1192.4A
- First Offense: Up to one year in jail, fines between $500 and $700, and a six-month license revocation.
- Second Offense: Maximum four years in jail, fines between $1,000 and $5,000, and a minimum six-month license revocation if charged within the last ten years.
- Third Offense: Seven years in jail, fines ranging from $2,000 to $10,000, and a minimum one-year license revocation if charged within the last ten years.
Aggravated Driving While Intoxicated in Violation of V.T.L. 1192.2A
When BAC is .18 or higher.
- First Offense: Misdemeanor conviction, up to one year in jail, fines ranging from $1,000 to $ 2,500, and a one-year license suspension.
- Second Offense: Up to four years in jail, fines between $1,000 and $5,000, and a minimum one-year license revocation if a DWI charge occurred within the past ten years.
- Third Offense: Seven years in jail, fines ranging from $2,000 to $10,000, and a minimum one-year license revocation if charged within the past ten years.
* Enhanced penalties apply to Commercial Drivers.
Note: All V.T.L. § 1192. Convictions, except §1192.1, require the installation of an Ignition Interlock Device for a defined period as mandated by law.
The Advantages of Hiring a DUI/DWI Lawyer
The importance of hiring a seasoned DWI lawyer cannot be overstated. While some individuals might believe they can handle their situation or rely on someone without specialized DWI defense experience, this decision could have serious repercussions. Here’s why having an attorney with a proven track record is a prudent choice:
- Comprehensive Legal Knowledge: Lawyers excel in recognizing pertinent legal matters and formulating targeted defenses that work for their clients.
- In-Depth Legal Insight: Experienced attorneys are well-acquainted with the intricacies of the court system and adept at navigating it effectively.
- Expertise in Police Protocols: Attorneys possess intricate knowledge of police procedures, enabling them to identify potential violations that could aid in suppressing evidence against the accused.
- Personalized Guidance: An attorney evaluates the unique details of your case and offers valuable counsel on the optimal path forward or potential negotiation strategies.
Secure Outstanding Legal Representation
Roche Law Group, P.C.’s adept DUI/DWI lawyers in Wyandanch, Long Island, NY are committed to safeguarding your rights and ensuring justice. We comprehend the complexities inherent in DWI cases and boast a strong track record of securing favorable outcomes for our clients.
Leveraging our experience and dedication, we are poised to assist you in achieving the most favorable results for your DUI/DWI charge. Call us today!
