DUI/DWI stands for Driving Under the Influence (of alcohol or drugs). In New York, it is a criminal offense to operate a motor vehicle with a blood alcohol content (BAC) of .08% or higher. However, you may still be charged with DUI/DWI even if your BAC is lower than the legal limit.
DUI/DWI offenses can range from minor misdemeanors to serious felonies. The consequences for conviction of a DUI/DWI charge may include hefty fines, jail time, community service, license suspension/revocation, and other penalties.
If you have been charged with a DUI/DWI in Centereach, you must seek representation from an experienced and dependable DWI lawyer as soon as possible. Our experienced DUI/DWI attorneys at Roche Law Group will provide the legal advice and representation you need to protect your rights.
New York Laws on DUI/DWI
More than 30% of recorded fatal crashes in New York are alcohol-related. The New York State Vehicle and Traffic Law states that it is unlawful to drive a motor vehicle with a Blood Alcohol Content (BAC) of .08% or if the driver is impaired by drugs or alcohol, even if their BAC is less than .08%.
Penalties for DUI/DWI Violations in Centereach
The consequences for being convicted of DUI/DWI in New York can be severe, and they vary depending on the circumstances of the offense and the defendant’s criminal history.
Driving While Intoxicated (DWI) – V.T.L 1192.2 et.al or 1192.3
Applicable to commercial drivers caught with a BAC level of .04 and beyond, non-commercial drivers with a .08 BAC level, and drug-impaired drivers.
- First Offense: Up to one year in jail, a $500 to $1,000 fine, and six months license revocation.
- Second Offense: Up to four years in jail, a $1,000 to $5,000 fine, and a minimum of one-year license revocation if a DWI charge was incurred within the past 10 years.
- Third Offense: Seven years in jail, a $2,000 to $10,000 penalty, and a minimum one-year license revocation if charged within the past 10 years.
- * Commercial Drivers are subject to enhanced penalties*.
Driving While Impaired by Alcohol – V.T.L 1192.1
The defendant’s BAC level is between .05 and .07, or their driving ability was impaired by alcohol.
- First Offense: Maximum of 15 days of jail time, a $300 to $500 fine, and at least 90 days of license revocation.
- Second Offense: Maximum of 30 days of jail time, a $500 to $750 fine, and a minimum of one-year license revocation if charges within the past 10 years.
- Third Offense: Is a misdemeanor offense, subject to not more than 180 days of jail time; a fine between $750 and $1500, and a minimum 6 months license revocation, if charged within the past 10 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 $500 to $1000 fine, and a 180-day license revocation.
- Second Offense: Four years in jail, a $1,000 to $5,000 fine, and a minimum of 1 year of license revocation if charged within the last 10 years.
- Third Offense: Seven years in jail, a $2,000 to $10,000 fine, and a minimum of one-year license revocation if charged within the last 10 years.
Driving While Ability Impaired by Both Drugs and Alcohol V.T.L 1192.4A
- First Offense: One year in jail, a $500 to $700 fine, and six-month license revocation
- Second Offense: Four years in jail, a $1,000 to $5,000 fine, and a minimum of six months license revocation if charged within the last 10 years.
- Third Offense: Seven years in jail, a $2,000 to $10,000 fine, and a minimum of one-year license revocation if charged within the last 10 years.
Aggravated Driving While Intoxicated in Violation of V.T.L. 1192.2A
The Defendant’s BAC level is at .18 or higher.
- First Offense: If convicted, will be a misdemeanor; Up to one year in jail, a fine between $1,000 and $2500 and 1 year suspension of license.
- Second Offense: Up to four years in jail, a $1,000 to $5,000 fine, and a minimum of one-year license revocation if a DWI charge was incurred within the past 10 years.
- Third Offense: Seven years in jail, a $2,000 to $10,000 penalty, and a minimum one-year license revocation if charged within the past 10 years.
*Commercial Drivers are subject to enhanced penalties*.
Note: All V.T.L. § 1192. Convictions, except §1192.1, require the installation of an Ignition Interlock Device for a definite period as mandated by law.
Why You Should Hire a DUI/DWI Lawyer
The benefits of hiring an experienced DWI lawyer cannot be overstated. While some may believe they can handle their case or entrust someone without specific DWI defense experience, this gamble can have serious implications. Here’s why having a lawyer with a proven track record is a wise choice:
- Extensive Knowledge of the Law: Lawyers know how to identify the legal issues that matter and craft targeted defenses that benefit their clients.
- Informed Legal Expertise: Seasoned lawyers are well-versed in the court system’s nuances and know how to navigate it effectively.
- Familiarity with Police Procedures: Attorneys possess an intricate knowledge of police protocol and procedure and can uncover potential violations that may aid in suppressing evidence against the accused.
- Personalized Insight on Your Case: A lawyer assesses your individual case details and gives valuable advice on your best course of action to move forward or negotiate a plea deal if needed.
Get the Top-Notch Legal Representation You Deserve
At Roche Law Group, our experienced DUI/DWI lawyers in Centereach will work hard to ensure that your rights are defended and that justice is served. We understand the complexities involved in DWI cases and have a successful track record of achieving favorable client outcomes.
With our experience and dedication, we can help you achieve the best results from your DUI/DWI charge. Contact us today!
