Driving under the influence is considered a serious offense in the state of New York and involves substantial legal and personal consequences. Like other states, New York differentiates different levels of DWI offenses based on your blood alcohol concentration (BAC) level. Each level comes with different consequences, with higher BACs and repeat offenses leading to more severe penalties.

If you’re facing a DWI in New York, it’s important to understand the potential ramifications of a conviction. Here’s an overview of the consequences of a first-time DWI offense in New York, as well as the repercussions of repeat offenses.

DUI vs DWI in New York

Unlike many other states, New York does not, in many aspects, differentiate in the usage of the terms DUI and DWI. The former, DUI, stands for driving under the influence, while the latter, DWI, stands for driving while intoxicated. New York uses DUI/DWI as an umbrella term to encompass driving under the influence of alcohol or drugs.

The state also recognizes DWAI, or driving while ability impaired, which is a lesser offense that applies to drivers who operate vehicles under lower blood alcohol concentration (BAC) levels.

Legal Definitions and Blood Alcohol Concentration (BAC) Levels

The severity of a DWI charge in New York largely depends on the driver’s BAC level, among other things. State law defines different levels of the offense based on your BAC:

• Driving while ability impaired by alcohol (DWAI/Alcohol): BAC between 0.05% and 0.07%
• Driving while intoxicated (DWI): BAC of 0.08% or higher
• Aggravated driving while intoxicated (Aggravated DWI): BAC of 0.18% or higher

DWI Consequences in New York

DUI penalties in New York vary based on the charge. Generally speaking, the higher your BAC level, the more severe the penalties.

First-Time DWI Offenses

A first-time DWI offense is classified as a misdemeanor and punishable by the following penalties:

• Fines: Ranging from $500 to $1,000 plus an additional surcharge
• Jail time: Up to one year, although actual jail sentences may be discretionary for a first-time offender
• License revocation: Mandatory, usually revoked for six months or more
• Driver Responsibility Assessment (DRA): Fee of $250 annually for three years
• Ignition Interlock Device (IID): Must be installed in any vehicle you operate for a minimum of six months

Second-Time DWI Offenses

Penalties for repeat DWI offenders worsen compared to those for first-time offenders. A second offense within 10 years of the first is considered a Class E felony. In these situations, you may face serious penalties, including:

• Fines: Ranging from $1,000 to $5,000
• Imprisonment: Up to four years, may vary based on the specifics of the situation
• License revocation: Mandatory, typically revoked for a minimum of one year
• Driver Responsibility Assessment (DRA): Fees of $250 per year for three years
• Ignition Interlock Device (IID): Must be installed in all vehicles you own or operate, a step up from the requirements for a first-time offender

Aggravated DWI Penalties

If your blood alcohol concentration far exceeds the standard threshold for a DWI, coming in at 0.18% or higher, you will face an aggravated DWI. First-time aggravated DWI offenders face fines of up to $2,500, up to one year in jail, and a minimum one-year license revocation. The first offense is considered a misdemeanor.

If you get a second aggravated DWI within 10 years of the first, you will face fines of up to $5,000, up to four years of imprisonment, and a minimum 18-month license revocation. This particular offense is considered, like second-time DWI offenses, a Class E felony.

DWAI Penalties

When your BAC falls below the DWI threshold but still reads, you may face a driving while ability impaired (DWAI) charge. This happens when your BAC ranges from 0.05% to 0.07%.

A first-time DWAI is considered a traffic infraction and carries a maximum fine of $500, up to 15 days in jail, and a mandatory 90-day license suspension. Second-time offenses are also considered traffic infractions but carry a maximum fine of $750, up to 30 days in jail, and a minimum 6-month license revocation.

If you get a third DWAI within ten years, you face fines of up to $1,500, up to 180 days in jail, and a minimum 6-month license revocation. Any subsequent convictions within ten years carry even higher fines, longer jail sentences, and more severe license penalties (potentially including lifetime revocation).

What to Do If You’re Facing a DWI Charge in New York

If you’ve been charged with a DWI in New York, it’s important to take steps to protect your rights. Here’s what you can do:

1. Seek legal advice: This is one of the most crucial steps. Talk to a New York DWI lawyer with experience handling these cases. They can help you understand your legal options and develop a robust defense.
2. Follow all legal requirements: Show up for all court dates, take the required alcohol education courses, and fulfill any requirements dealing with license restriction or suspension. Failing to comply can lead to additional charges and negatively impact your case, making it harder to resolve the charges favorably.
3. Preserve evidence: Record details of the arrest and obtain a copy of the police report. This may show what might have gone wrong with testing or highlight procedural errors your lawyer could use in your favor.
4. Know your rights: Familiarize yourself with the laws regarding DWI in New York, including the implied consent law, which requires a driver to submit to chemical testing during a DWI stop. If you have questions, ask your lawyer.

Moving Forward After a DWI Charge

Being charged with a DWI in New York can be incredibly stressful. The potential consequences, including fines, jail time, and license revocation, you may face if convicted can make the entire situation overwhelming. However, it’s important to remember that you don’t have to face it alone.

With the right legal representation, you can navigate this difficult time and work toward the best possible outcome. If you’ve been charged with a DWI in New York, don’t hesitate to contact The Law Offices of Julie Rendelman. Julie can help you understand your options and work to pursue a favorable outcome. Call (212) 951-1232 or complete the online contact form to start with a free consultation.