Driving under the influence (DUI) or driving while intoxicated (DWI) warrants heavy penalties, including jail time, driver’s license suspension, and expensive fines. Increase your chances of being acquitted by contacting experienced DUI/DWI lawyers in Smithtown, Long Island.
Roche Law Group will evaluate your case and provide you with the best course of action.
New York Laws on DUI/DWI
According to the New York State Vehicle and Traffic Law, it is unlawful to drive a motor vehicle while intoxicated by alcohol. The legal limit for blood alcohol content (BAC) in New York is .08. However, you still maybe charged with driving a motor vehicle while intoxicated even if your BAC is lower than the legal limit. There is a zero-alcohol tolerance for individuals driving while intoxicated who are under the age of 21.
You will be charged with DUI or DWI if you exhibit indicia of intoxication.
Penalties for DUI/DWI Violations in Smithtown
There are different classifications for DUI and DWI charges in New York. Their corresponding penalties depend 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 than180 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 1year 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.
Get Aggressive Representation in Smithtown
Don’t let a DUI or DWI charge alter the course of your life forever. Roche Law Group will help you build a strong case, defend your constitutional rights, and obtain a favorable outcome. Our seasoned attorneys will prepare, file, and collect vital information.
Contact us today or complete the form below to schedule a free case evaluation.
