Drunk Driving: DMV Penalties for Multiple Offenders
Getting arrested for a DWI (driving while intoxicated) or DWAI (driving while ability impaired) in New York does not necessarily mean that the driver will spend an extended period of time in jail. With the help of a dedicated New York DWI/DWAI defense attorney, you may be able to avoid the most serious possible consequences for a first-time DWI conviction. If this is a second or third offense, however, the potential penalties become much more severe.
DWI crimes in New York
The laws against drunk or impaired driving in New York are broken down into several categories. These categories include:
- DWI (driving while intoxicated): Driving with a blood-alcohol content (BAC) of 0.08% or higher.
- DWAI (driving while ability impaired): Driving with a BAC between 0.05% and 0.07% and noticeably impaired by alcohol. This charge is a grade down from a full DWI charge.
- DWAI/Drugs: Driving while under the influence of drugs other than alcohol, including prescription medications, illegal street drugs, and even certain over-the-counter medications.
- Zero Tolerance/Minors: Minors under the age of 21 can be charged with a DWI if they have a BAC of 0.02% or higher.
- Test Refusal: Under New York law, you have the right to refuse a blood, breath, or urine test to determine your BAC. But if you refuse the test and are eventually convicted of DWI, you may face a harsher penalty. Chemical test refusal leads to immediate suspension of your driver’s license for a period of time.
Penalties for multiple DWI offenses
DWI penalties increase upon repeat offenses. First-offense DWI penalties include the following:
- Up to $1,000 in fines
- Up to one year in jail
- Revocation of driver’s license for at least six months
- Possible revocation of driver registration for at least six months
- Mandatory classes such as a victim impact panel
- Installation of an ignition interlock device for at least six months
If you are charged with a second misdemeanor DWI within ten years of either DWI, Aggravated DWI, DWAI Drugs, or DWAI Combined Influence, you may face the following penalties:
- Up to $1,000 in fines
- Up to one year in jail
- Three years of probation
- Revocation of driver’s license for at least one year (up to 18 months, depending on the prior crime and if the conviction was in the last five years)
- Proof of alcohol evaluation or rehabilitation
- Possible revocation of driver registration for at least one year
- Mandatory classes such as a victim impact panel
- Installation of an ignition interlock device for at least six months (or longer, if the last conviction was within the previous five years)
If you are charged with felony DWI and have a previous drunk driving or other related conviction within the previous ten years, you face even more severe penalties in addition to those described above:
- Fines between $1,000 and $5,000
- Five years’ probation
- Revocation of driver’s license for at least one year and up to your full probation
Your penalty may be less severe if you face DWAI-alcohol charges rather than DWI, and you may trigger the most severe penalties if your convictions and charges are for more severe forms of DWI, such as aggravated DWI. Your criminal defense attorney will explain the range of penalties you may face depending on your charges and your criminal history.
Goshen Criminal Defense Lawyers Serving Orange County and the Hudson Valley
If you have been arrested for DWI, drug crimes, or other criminal charges in New York, contact the experienced and dedicated Goshen criminal defense lawyers Dupée & Monroe at 845-294-8900 to fight for you.
