| New York law makes it a crime for anyone to drive a | | | | the law allows someone arrested for DWI to consult |
| motor vehicle under the influence of alcohol or drugs. | | | | with a New York DUI attorney before making a |
| This means that anyone who is arrested for and | | | | decision about whether to submit to or refuse chemical |
| convicted of this type of offense can face serious | | | | testing. Having a skilled New York DUI lawyer on your |
| criminal penalties as well as the loss of New York | | | | side can help you to defend yourself against DWI |
| driving privileges. Because these penalties have the | | | | charges as successfully as possible. If aggravating |
| potential to seriously impact your quality of life in New | | | | factors exist in your DWI case, you can be charged |
| York, it is important that you take advantage of the | | | | with a more severe offense and face harsher criminal |
| opportunity to consult with a qualified New York DUI | | | | penalties. A DWI case can be aggravated for several |
| law attorney. Having a skilled New York DUI lawyer on | | | | reasons including having a BAC of 0.15% or greater, |
| your team can help you to defend yourself against | | | | causing a traffic accident, fleeing the scene of a DWI |
| these serious DWI charges and may help you to save | | | | accident, or refusing to submit to chemical testing. |
| your driving privileges so you can move on with your | | | | DWI Criminal Penalties in New York |
| life. | | | | The penalties you face if convicted of a DWI will |
| New York DUI Arrests | | | | depend on how the DWI was charged and whether |
| There are several circumstances under which you | | | | you have any prior convictions on your record. You |
| may be arrested for DWI. One is if you have | | | | can be charged with a misdemeanor or a felony |
| dangerous driving patterns that pose a threat to others | | | | depending on the circumstances. A first offense DWI |
| and you are stopped by a law enforcement official. | | | | in New York is charged as a misdemeanor. You will |
| Another way to be arrested for DUI is if you cause an | | | | be charged with a felony DWI if you have a prior |
| accident and the officer believes alcohol was a factor | | | | conviction within ten years of your arrest. Driving while |
| in the accident. No matter why you were arrested for | | | | impaired by alcohol is not a criminal offense in New |
| DWI, you will be facing serious criminal and | | | | York. It is considered a traffic infraction, so you will not |
| administrative penalties. New York is one of the states | | | | get a criminal record if arrested for this offense. The |
| where a DWI arrest will trigger two separate cases | | | | penalties for a first offense for driving while impaired |
| against you as a defendant. One is a criminal court | | | | by alcohol are fines of $300 to $500 and up to 15 |
| case where you will face criminal charges for driving | | | | days in jail. However, having two or more prior |
| while intoxicated and a prosecutor will try to prove | | | | convictions changes the offense to a misdemeanor |
| your guilt. The second is an administrative case that | | | | criminal offense. The penalties are a fine of $750 to |
| deals with the loss of your driving privileges in the state | | | | $1,500 and up to 180 days in jail. If there are no prior |
| of New York. When you are arrested for a DWI | | | | convictions, you will face a 90 day license suspension. |
| offense, you can be prosecuted under one of two | | | | If you have had a prior conviction, the suspension |
| prosecution theories. One of the theories involves the | | | | period is six months. Driving while intoxicated is the |
| common law definition of driving under the influence. In | | | | charge that is commonly filed when someone is |
| this type of case, the prosecutor will try to show that | | | | arrested for DWI. This is a misdemeanor offense and |
| you were too impaired to drive because you | | | | will result in giving you a criminal record if convicted. |
| consumed alcohol prior to operating your vehicle. The | | | | The penalties can include fines of $500 to $1,000, |
| prosecutor will try to show that you were impaired by | | | | license revocation of 6 months, and no more than one |
| introducing evidence such as your driving habits, field | | | | year in prison. A felony DUI offense is charged when |
| sobriety test results, and information whether you | | | | someone has been convicted of a misdemeanor DWI. |
| appeared to be intoxicated. DWI charges can also | | | | The penalties for this offense increase to a minimum |
| result from submitting to chemical testing and producing | | | | fine of $1,000 and a maximum of $5,000. You may |
| a result of 0.08% or greater. In this type of case, the | | | | face jail time of 1.3 to 4 years and probation of 5 |
| charges do not have to do with your ability to safely | | | | years. Because the penalties for a misdemeanor DWI |
| operate the vehicle. Even if you do not appear | | | | and a felony DWI are so severe, they can result in a |
| impaired at the time of your arrest, you can be | | | | lower quality if life and negative impact on your |
| charged with DWI if your chemical test reveals a failing | | | | previously good reputation. Because this can change |
| result. | | | | your whole life, it is imperative that you work with a |
| Hiring a qualified New York DUI attorney can help you | | | | New York DUI attorney so you have the best chance |
| in both types of cases. New York is unique because | | | | of obtaining a successful outcome during your case. |