| DWI in New York - Know the Facts | | | | fines up to $10,000, suspension of their license for one |
| Every day, good people from all walks of life face | | | | year, and a felony conviction with the potential for |
| difficulties stemming from drinking and driving. In virtually | | | | seven years of incarceration |
| all states, arrests for driving under the influence are on | | | | Aggravated DWI in the New York |
| the increase due to increased public scrutiny from | | | | Driving under the influence with blood alcohol content |
| advocacy groups such as MADD. In addition, these | | | | higher than.18 or more is considered aggravated |
| arrests are lucrative sources of income of revenue for | | | | offense, which possesses penalties significantly more |
| municipal governments. | | | | severe than those associated with a typical DUI |
| The state of New York is no exception. Full of | | | | offense do. Charges of A-DWI within a ten-year |
| complex legal requirements and a complicated driving | | | | period are automatically felonies for subsequent |
| bureaucracy, DUI arrests in New York are an | | | | offenses. Common penalties for A-DWI include: |
| extremely confusing challenge for the average citizen | | | | First time offenders face fines up to $2,500 with |
| to face. For starters, any person facing a DUI charge | | | | the potential of incarceration for a period no more than |
| in the state of New York should be aware of the | | | | one year, as well as loss of licenses for one year |
| following: | | | | Second time offenders within a ten year period |
| DUI arrests are significantly more serious than in the | | | | face felony charges, fines of no more than $5,000, |
| past. Jail time is almost mandatory for repeat | | | | potential of incarceration up to four years, as well as |
| offenders, and at the time of arrest, judges can and | | | | loss of license for 18 months |
| will suspend driving privileges of drivers. Furthermore, | | | | Third time offenders face felony charges with |
| driving on a suspended license arrests are punishable | | | | fines up to $10,000, suspension of their license for |
| with jail and time and may become a felony conviction | | | | eighteen months, and the potential for incarceration of |
| in some cases. | | | | up to seven years |
| What Does "Drunk and Under the Influence" Constitute | | | | Additionally, arrests for aggravated driving while |
| Today? | | | | intoxicated cannot be reduced to charges of driving |
| There are a number of definitions of impairment in the | | | | while ability impaired, which would carry significantly |
| state of New York with accompanying charges, | | | | less potential penalties for offenders. |
| including: | | | | Chemical Test Refusal in New York |
| "Zero Tolerance", which states any driver under | | | | Refusal to submit to a chemical test in New York can |
| the age of twenty-one with a blood alcohol content | | | | have their license revoked, be fined $300 dollars, and |
| ranging from.02 to.07 is in violation of the state's zero | | | | will have to apply for a new driver's license. If you |
| tolerance laws | | | | have been previously arrested for any DWI related |
| "Driving While Ability Impaired", which states an of | | | | charge, refusal to submit results in mandatory loss of |
| age driver is found with a blood alcohol level of.05 | | | | license for one year and fines of $750 to reapply for a |
| to.07 | | | | second license. |
| "Driving While Ability Impaired/Drugs", which states | | | | Will I Be Assessed for Alcohol Abuse? |
| a driver is behind the wheel while under the influence | | | | In some cases, drivers will be required to undergo |
| of any substance besides alcohol. | | | | mandatory drug and alcohol counseling, along with a |
| "Driving While Intoxicated", which occurs if a driver | | | | mandatory assessment for substance dependence. |
| is found behind the wheel with a blood alcohol content | | | | Part of sentencing agreements may revolve around |
| of.08 or higher or evidence of some other form of | | | | the successful completion of drug and alcohol |
| obvious intoxication | | | | rehabilitation. The courts will mandate an assessment if |
| What Can Happen to My Drivers License? | | | | the following occurs: |
| Following a conviction of a DWI charge, offenders will | | | | Initial screening show dependence exists |
| face suspension of their license, in addition to possibly | | | | Driver has been convicted of DWI offense with a |
| jail time and other fines. The common penalties for | | | | BAC higher than.15 |
| DWI in New York are: | | | | Driver is charged with an A-DWI |
| First time offenders face fines ranging from $500 | | | | If offender has been convicted of offense |
| to $1000 dollars with a license suspension of up to six | | | | previously that was in violation of NY Vehicle and |
| months with the potential for incarceration of up to one | | | | Traffic Laws sec. 1192, vehicular assault, or vehicular |
| year at most | | | | manslaughter in the past decade |
| Second time offenders in a ten-year period face | | | | Should I Seek Legal Counsel? |
| fines up to $5000 dollars, license suspension of up to | | | | Without question, individuals should seek legal counsel |
| one year, and a felony conviction with a potential jail | | | | when facing a DWI or A-DWI charge in New York. |
| term of up to four years | | | | These serious criminal charges will present lifelong |
| Third time offenders within a ten-year period face | | | | consequences following a conviction. |