If you are facing a DWI in New York, you’re probably confused about what you’re supposed to do next. The DWI laws in New York are particularly punitive and the legal enforcement is just as aggressive. Each year there are over 50,000 DWI arrests in New York and those arrests include teachers, doctors, actors, clerks and housewives. People just like you, who have likely never had any confrontation with the law before. It is said that a DWI is the only law that turns normal law abiding citizens into criminals in an instant. A DWI is no longer a minor traffic infraction. It is now regarded as a serious criminal offense which can cause repercussions in your life with your family, your job, and your freedom.
The law in New York states that driving a vehicle with a BAC (blood alcohol content) of .08 is against the law, and calls for arrest. Note that the law has nothing to do with your driving. If you are pulled over for a minor infraction such as a tail light out, and you are asked and then submit to a breath test – which you fail – you can be arrested. There is also another way you can be arrested for DWI in New York, and that has nothing at all to do with your BAC level. If an officer merely thinks you are driving in a manner that appears to show impairment and inability to control the vehicle in a safe manner, then you can be arrested as well.
Your arrest will present you with two separate and distinct legal cases. The first will be tried in criminal court and will determine your jail time, fees and fines, and any remedial alcohol or drug education programs. The second case, which will be happening simultaneously, is an administrative case handled by the DMV. This case is the one where you must request a hearing within 10 days or automatically forfeit your license. The DMV case will address license suspension, reinstatement, and revocation, as well as adding points to your license. It is strongly recommended that you contact a qualified local DWI attorney to defend your case. DWI defense is now a specialized field chosen by very few lawyers because the laws are so volatile. Contact a DWI attorney today for a free consultation on your case. You have nothing to lose, and a lot to gain. The penalties below are considered common but are not complete. The laws are complex and there are always extenuating circumstances in every case. Your best bet is to find assistance from an experienced DWI lawyer.
If you are arrested outside your home state, be sure to ask your attorney how this law will impact you.
The penalties listed below are called for by statute, are not complete, and can often be removed or reduced significantly with the assistance of a local New York DWI attorney.
• Incarceration – up to 1 year in jail
• Fines – $1,000 to $2.500
• License Suspension – up to 1 year or more
• Conditional Driving License – possible after 30 days, requires $225 Drinking Driver Program and $75 conditional license fee
• Ignition Interlock Device – required for 6 months at your expense, approx. $700
• Community Service – as determined by the court
ADDITIONAL COSTS AND CONSEQUENCES
• Bail – set by the court, required before being released after being arrested
• Insurance –As a designated “high risk” driver, your insurance company will raise your rates significantly.
• Record – DUI conviction will remain on driving record permanently
• Employment – offender may lose time off work and possibly even their job.
• Immigration and travel – restrictions can apply with certain convictions
• Vehicle – forfeiture and seizure possible
Additional offenses will bring significantly higher penalties, up to 7 years in prison and $5,000 in fines. Don’t take a chance with your freedom. It is highly recommended that you contact a qualified local DUI attorney right away for a FREE CONSULTATION on your case. Your case CAN be won with the right representation.