In New York, Driving While Intoxicated (DWI) is a serious crime, punishable by a wide range of criminal penalties. Although the legal limit is a blood alcohol concentration (BAC) of .08 percent—or .04 percent for commercial driver’s license (CDL) holders—a person can still face serious criminal charges if they are either slightly below the legal limit, under the influence of drugs, or under the influence of a combination of both alcohol and drugs.
The following are the different types of intoxicated driving charges in the State of New York:
- DWI – If your BAC is at least .08 percent—or .04 percent for commercial drivers—you will be charged with a DWI. A first offense is punishable by a jail sentence of up to one year, a maximum fine of $1,000, and driver’s license revocation for at least six months.
- Aggravated DWI – If your BAC is at least .18 percent, which is more than double the legal limit, you will be charged with aggravated DWI. A first offense carries a jail term of up to one year, a maximum fine of $2,500, and driver’s license revocation for at least one year.
- DWAI-Alcohol (Driving while ability impaired by alcohol) – If your BAC is over .05 percent but less than .07 percent, you could be charged with DWAI-Alcohol. A first offense is punishable by a jail sentence of up to 15 days, a maximum fine of $500, and driver’s license suspension for up to 90 days.
- DWAI-Drug (Driving while ability impaired by a single drug) – If you are driving under the influence of an illicit drug or controlled substance, you will be charged with DWAI-Drug. A first offense carries a jail term of up to one year, a maximum fine of $1,000, and driver’s license revocation for at least six months.
- DWAI-Combination (Driving while ability impaired by both alcohol and drugs) – If you are driving under the influence of both alcohol and drugs, or under the influence of multiple drugs, you will be charged with DWAI-Combination. A first offense is punishable by a jail term of up to one year, a maximum fine of $1,000, and driver’s license revocation for at least six months.
- Underage DWI (Zero Tolerance Law) – If you are under 21 years old and operate a vehicle with a BAC of between .02 and .07 percent, you will violate the Zero Tolerance Law. A first offense carries no jail sentence, a civil fine of up to $125, and driver’s license suspension for up to six months.
As you can see, a first offense can result in spending time behind bars, fines worth hundreds or thousands of dollars (not including court costs), and the temporary loss of your driving privileges, which can make life extremely difficult. In order to avoid these penalties, you must hire an experienced criminal defense attorney to protect your rights and future. Our Long Island legal team at Collins Gann McCloskey & Barry PLLC understands what it takes to obtain a not-guilty verdict, get your entire case thrown out, or reduce the charges/penalties you face.
If you have been charged with a drunk driving offense in New York, contact us today at (516) 218-5131 and schedule a free initial consultation.
