New York DWI: Penalties and Criminal Charge Defense

The state of New York employs several forms of state-specific DWI laws, including specific associated penalties with these charges, which will greatly influence any criminal defense strategy. New York DWI Laws, in general, cover a number of possible charges including DWAI (Driving While Ability Impaired), Per Se Violations (charges filed requiring only proof of an illegal blood alcohol content for conviction), and DWI (Driving while intoxicated, but requiring proof of intoxication or impairment). The specific charge an individual faces will greatly influence the potential penalties he or she may incur upon conviction, and in all cases, consulting with a lawyer as soon as feasibly possible following arrest is important. In fact, the state of New York allows drivers to consult with a lawyer prior to taking any blood alcohol test, which if possible, a driver should do as well.

Penalties Associated with New York DWI

The following penalties are applicable only to New York DWI cases, which have a legal requirements of showing an driver was actually impaired at the time of arrest while driving. These cases can proceed without a blood alcohol content sample, but in many instances, do rely on that critical piece of evidence.

• First offense DWI in New York carries the potential of up to one (1) year of incarceration, a mandatory administrative license suspension of six (6) months, payment of fines of no more than $1,000, mandatory attendance of alcohol counseling, and payment of annual surcharges of license, if license reinstated. In practice, depending on the case, the possibility of future incarceration following initial booking and arrest can be avoided through strategic plea-bargaining in most instances.

• Second Offense DWI in New York is charged as a class E felony, with the mandatory requirement of incarceration of at least five (5) days with the potential of up to four (4) years. Other penalties include mandatory license suspension of one (1) year, fines of no more than $5,000, mandatory ignition interlock device upon reinstatement of license, and mandatory performance of thirty (30) days of community service.

• Elevated DWI Charges in the state of New York include provisions making it a felony (class E) to driving while impaired with a minor (child under age of 16) in the vehicle and increase penalties and charges for drivers with elevated BAC levels of more than 0.15 (aggravated DWI).

Getting Legal Help and Criminal Defense Methods in New York DWI Cases

Depending on the specific charges filed in your arrest, as well as the specific events before, during, and after the initial traffic stop resulting in DWI arrest, a driver’s case may present several instances where criminal defense methods can be employed to undermine a prosecutor’s case, including contesting the legality of the traffic stop and ensuring search (of the driver, specifically), contesting accuracy of the testing devices used to gather evidence (including FST’s and lab setting at police station), issues with informed consent, and any other items that might be relevant to your case. Without consulting a DWI lawyer in New York, most defendants will be forced into taking a standard plea deal, which rarely works in their favor. For more information, consult with a DWI lawyer in New York.