Your rights and your freedom — these are on the line if you are pulled over for driving while intoxicated (DWI) in New York.
According to the New York Penal Code 1192.1, or driving while impaired, means you are guilty of a traffic infraction. The probable penalties, for a first offense, include a fine of up to $500, and potentially up to 15 days in jail.
Much like in any criminal charge, the state has the burden to prove your guilt.
Defending a DWI charge in New York is complicated because of the multiple variables. You need an attorney capable of helping you achieve the desired outcome.
Tolerated BAC Level
The blood alcohol content or BAC limit depends on the circumstances and the age of the offender. If the defendant is a minor, the limit for BAC is 0.02. Those aged above 21 have a BAC limit of 0.08%, while for commercial drivers, it is 0.04%.
If your BAC exceeds 0.18%, you may be charged with aggravated DWI.
DWI Sentencing
In New York, a DWI charge may lead to fees in excess of $10,000, loss of driver’s license, probation, and/or jail time. As with most criminal charges, previous convictions lead to stiffer fines and jail sentence.
The severity of the penalty depends on the following factors:
- Offender’s age
- The substance involved
- Offender’s driver license
- Submission to a chemical test
Note that commercial license holders charged with DWI receive much more severe penalties. In particular, the fines are higher, and the revocation of the permanent license is faster.
Olivier E. Roche for DWI Defense
If you have been charged with DWI, it is important to consult with an attorney who thoroughly understands the unique consequences associated with a DWI charge.
As a former prosecutor, I’ve established relationships that have served me and my clients well. I can provide strong, zealous representation for your case.
Call today for a free 15-minute consultation.
