In New York, the crime of driving while intoxicated is considered a misdemeanor offense, pursuant to Vehicle and Traffic Law Section 1192. The law says that any individual who operates a vehicle while under the influence of alcohol with a blood alcohol level of .08 or higher is guilty of this offense. A Suffolk County DWI Lawyer can explain that if you are convicted, you will be facing possible incarceration, significant fines, and the potential loss of your driver’s license. A DWI conviction is also noted on your permanent record. This mark on your record cannot be removed (via expungement). If you or a loved one has been charged with driving under the influence of alcohol, speak to the legal team of Stephen Bilkis & Associates, PLLC for guidance and a free consultation.
Our team has gathered some helpful information regarding driving under the influence in New York:
Misdemeanor DWI
1192.1 Operating a vehicle while ability impaired isn’t a crime, but is a violation (DWAI .04-.07 BAC);
1192.2 Common Law-Evaluation by law enforcement and testing sobriety levels
1192.3 Scientific Testing-Sobriety testing may be done via breathalyzer, urine or blood tests
1192.4 Drugs-Driving under the influence of drugs, urine or blood testing, observation by law enforcement and statements of admission
Many factors are involved when someone is driving while intoxicated. The amount of alcohol consumed is key of course, but the time frame within which the alcohol was consumed is also important. The general rule of thumb is that the average adult can metabolize one drink per hour. Various factors can affect this however, such as the whether the person is a male or female, and their body weight.
DWI Sentencing
1192.1 DWAI or driving while ability impaired is punishable by a 90 day license suspension, a fine ranging from $300 to $500 and up to 15 days in jail.
1192.2 Driving While Under the Influence is punishable by up to 1 year in jail, a fine ranging from $500 to $1,000, up to 1 year in jail and suspension of your driver’s license for 6 months.
1192.3 Driving While Under the Influence is punishable from a fine of between $500 to $1,000, up to 1 year in jail, and suspension of your driver’s license for 6 months
1192.4 Driving While impaired is punishable by a fine between $500 to $1,000, up to 1 year in jail, and a 6 month suspension of your driver’s license.
In the state of New York, the penalties for these offenses will depend on whether you are charged with a misdemeanor or felony. A first offense is usually a misdemeanor. If you have been previously convicted of a DWI in the last 10 years, a new DWI charge will be considered a felony. With a felony, you will be charged under VTL Section 1192.2 and it will be considered an E felony. The sentence will involve jail time, a fine ranging from $1,000 to $5,000 and up to 5 years probation. Your driver’s license will be revoked, and you will be required to take drinking driver classes.
Remember that not every DWI charge will end up in court. Often a plea bargain can be negotiated between counsel. It is important to speak with our legal team as soon as possible after you have been charged to that an effective defense strategy can be put into place.
Speak with our firm today for legal guidance and a free consultation. Whether you have been charged with a DWAI or a DWI, it is important to contact us promptly so your interests are protected. We have offices throughout New York, including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island and Westchester County. Call us today at 800.696.9529.