Facing criminal charges for driving while intoxicated (DWI) in Central New York can be confusing and frightening. If you’ve been given a DWI ticket and are facing arrest, you are facing serious penalties, such as jail time, fines, suspension of your driver’s license, and other penalties that last for years after your arrest. DWI charges have serious consequences in New York, but an arrest for a DWI doesn’t always mean a conviction with the right attorney on your side.
Contact a Central New York DWI Ticket Attorney
At the New York Traffic Ticket Lawyers, our experienced DWI attorneys provide skilled legal representation for New York residents facing DWI charges. After thoroughly investigating your case, we will develop the best legal strategy for your case. The sooner you discuss your DWI charges, the better. Please contact us today to schedule a free consultation to discuss your case.
Central New York DWI Laws
New York has some of the most complex drunk driving laws in the country. Most states have two main types of DWI charges, “per se” and impairment. New York has five types of DWI offenses. The first type of drunk driving is a DWI or driving while intoxicated. A defendant can face DWI charges if operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or higher. Commercial drivers can face DWI charges for operating a vehicle with a BAC of .04 percent or higher or if they are impaired to a “substantial extent.”
Driving While Ability Impaired (DWAI)
Driving while ability impaired is another type of DWI in New York. This crime involves operating a vehicle when a driver’s ability to drive as a “reasonable and prudent” person has been impaired to “any extent” by alcohol. Similarly, a “drug-DWAI” involves operating a vehicle while a driver’s ability to drive as a “reasonable and prudent” person has been impaired to “any extent” by drugs.
Finally, a combination-DWAI involves a driver whose ability to drive as a “reasonable and prudent” person is impaired “to any extent” by a combination of drugs and alcohol. Breathalyzer tests and/or blood tests for drug detection are not required to convict a driver of a DWAI in New York.
Aggravated DWI Charges in New York
In New York, an aggravated DWI involves operating a motor vehicle with a BAC of .18 percent or higher. Additionally, a driver can be convicted of an aggravated DWI for driving while intoxicated with a passenger who is 15 years old or younger. Aggravated DWI charges result in a fine of up to $2,500, a minimum 1-year driver’s license suspension with the possibility of a suspension for a second year. The defendant will also require the installation of an ignition interlock device on any vehicle owned by the person who was convicted.
DWI Ticket Penalties in New York
The penalties in New York for a DWI depend on multiple factors. The type of DWI, the defendant’s criminal history, and the driver’s BAC will be all factored into the penalties for the DWI. Regardless of the type of DWI charge, New York has some of the harshest DWI penalties in the country. Alcohol-related DWAI charges are infractions for a driver’s first and second convictions within five years. They are considered misdemeanors for a driver’s third conviction in 10 years.
A first-time conviction for an alcohol-related DWAI carries a 15-day maximum jail sentence and a 180-day maximum sentence for a third conviction. The defendant will also face fines of up to $500 for a first-time conviction and a 90-day driver’s license revocation. The penalties increase for second and third convictions.
The penalties for a DWI, drug-DWAI, and combination-DWAI convictions are misdemeanors for first offenses and felonies for second and third convictions within ten years. A first conviction will result in a jail sentence of up to one year, a fine of up to $1,000, and a 6-month driver’s license suspension. A third conviction could result in a jail sentence of up to 7 years, a fine between $2-10,000, and permanent license revocation if the prior convictions were within a 4-year time frame.
Other penalties include paying for an ignition interlock device (IID) to be installed on your vehicle, paying for drug or alcohol rehabilitation, and potential difficulties with your career, housing, and educational opportunities.
Leandra’s Law and the Child Passenger Protection Act
Leandra’s Law, also called the Child Passenger Protection Act, includes some of the toughest DWI provisions in the United States. The law is named after an eleven-year-old killed by a drunk driver. The law imposes harsh penalties on drivers who drive while intoxicated with a child in the vehicle. For example, first-time DUI defendants driving with a child less than 16 may get a class E felony charge that carries a four-year term in state prison.
Drivers who cause a child under 16 years of age serious physical injury may be charged with a Class C felony. Class C felonies are punishable by up to 15 years in state prison. DWI drivers who cause the death of a child under the age of 16 in the vehicle face a Class B felony, punishable by up to 15 years in state prison.
Discuss Your DWI Ticket With an Experienced Central New York Attorney
New York prosecutors take DWI charges seriously, and New York is well known for harsh DWI penalties. If you or your loved one have been charged with a DWI in New York, the New York Traffic Ticket Lawyers are here to help. Our highly-skilled, trial-ready attorneys have successfully handled many DWI cases throughout New York state. We will work tirelessly to protect your rights and obtain the best outcome in your case. Contact the New York Traffic Ticket Lawyers today to schedule your free initial evaluation.
The New York Traffic Ticket Lawyers handle DWI Tickets throughout Central New York including Albany County, Erie County, Onondaga County, Orange County, Saratoga County, and Warren County.