What are the penalties associated with a DWI in New York?

The negative implications associated with a drunk driving conviction are numerous and serious. While the legal penalties are often the focus of a DWI conviction, an individual is also likely to suffer many adverse personal, professional and financial problems if convicted of a DWI. With so much at stake, it’s important that individuals who are facing drunk driving charges take measures to secure a criminal defense attorney who handles DWI matters.

In New York state, drivers over the age of 21 who are determined to have a Blood Alcohol Content level of 0.08 or higher will, at a minimum, be charged with DWI. For first offense DWI’s, if convicted, an individual will be required to pay fines of between $1,000 and $2,5000, will lose his or her driver’s license for at least 12 months and could be sentenced to serve up to one year in jail.

Drivers with three or more DWI convictions within a 10 year span will be charged with a felony and forced to pay between $2,000 and $10,000 in mandatory fines. Additionally, an individual could spend up to seven years in jail and lose driving privileges for 18 or more months. 

In cases where a driver is arrested and refuses to submit to a BAC test, his or her driver’s license will automatically be revoked for 12 months or more. Additionally, refusing to submit to a BAC carries a civil penalty of $500. 

Individuals who are arrested and charged with DWI often feel scared, embarrassed and hopeless. There are, however, several ways a criminal defense attorney may be able to assist in having charged dismissed or penalties reduced. 

New York State Department of Motor Vehicles, “You And The Drinking Driving Laws,” 2013

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