You should never drive after you drink. Drunk driving is a major problem in the United States, leading to many injuries and deaths each year. Merely being pulled over by an officer and accused of driving drunk, though, doesn’t mean you are guilty of the crime. Understanding your rights after being accused of a DWI is your best chance to walk away from the accusation without derailing your life. To do so, though, you must understand what a DWI is, as well as the penalties and the defenses that are related to the crime.
What is DWI?
Drunk driving is a serious crime. In New York, the crime is referred to as Driving While Intoxicated, and is defined as driving with a blood alcohol content of .08 or higher or displaying other signs of intoxication. The crime’s elements are relatively simple – one must operate a motor vehicle and must meet the criteria listed above.
New York has a number of different crimes that are similar to DWI. Driving While Intoxicated is the second most serious of these crimes, just behind Aggravated DWI. Blood alcohol level is all that separates the degrees of crime in New York, making precision in both testing and bringing charges a major priority in the state.
With this said, blood alcohol testing is not required for one to be charged with DWI. It is up to the officer’s discretion to determine if an individual shows signs of intoxication. This means that one can be found guilty of DWI without ever taking a BAC test.
The Penalties for DWI
As with many other states, New York’s drunk driving penalties vary based on a few criteria. In the case of DWI, the most important of these criterion is one’s repeat offender status. While all of the penalties are relatively serious, it’s those reserved for repeat offenders that are the harshest.
A first offense for DWI in New York does not come with mandatory jail time. It does, however, come with a six month minimum license suspension and fines of up to one thousand dollars. First offenders may also be required to attend rehabilitation programs or classes, and may also be required to use an ignition interlock device.
The penalties ramp up significantly on a second offense. It is rare that an individual with a second offense can walk away without some kind of serious punishment. In most cases, individuals will serve up to five days in jail or up to thirty days of community service. The fines may be up to five thousand dollars, and with a minimum of a one year license suspension. Interlock devices are frequently required at this level.
If you offend more than twice, you can almost always expect to serve jail time. This can include up to ten days in jail or up to sixty days of community service. Fines can be up to ten thousand dollars, and license suspension will be for a minimum of six years. Further offenses generally lead to higher penalties.
Outside of the legal penalties, one can expect to see penalties in one’s professional and personal life. Time spent in jail or on community service can lead to the loss of employment. Many individuals with professional licenses, including professional drivers and lawyers, can find themselves losing licenses or certifications. DWI is no laughing matter in New York.
Defenses Against DWI
If you have been charged with a DWI in New York, there are a few defenses to the crime. In both cases, the defense will rest upon how the DWI crime was proven. If you remember, DWI can be proven either through a blood alcohol test or through showing that the accused otherwise appeared intoxicated. As such, defenses generally rest upon showing that the test was improperly administered or that the officer in question improperly used his discretion.
The former defense is simpler than the latter. Those who use this defense must show that either the device used to take the blood alcohol test was faulty or that there were circumstances that caused the device to show a false positive. Most attorneys who work with DWI cases are familiar with how the devices work and what may cause them to trigger improperly.
The latter defense is somewhat more difficult, as it requires the defendant to show that the officer misjudged his or her behavior. This is easier to do when the blood alcohol test comes back within the legal limit. This often requires the help of a very skilled attorney, as he or she must show that the defendant was not guilty of being intoxicated while driving beyond a reasonable doubt.
If you have been accused of a DWI, it’s important that you contact an attorney immediately. This is a very serious crime in New York, one that can have repercussions that last for the rest of your life. Without the help of a lawyer, you might face jail time or a record that can derail your ambitions for the rest of your life. Don’t trust your future to chance – make sure to work with a Bronx DWI lawyer who can help you navigate the system.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
85 Broad Street, 30th Floor
New York, NY 10005
35-37 36th St,
Astoria, NY 11106
195 Montague St.
Brooklyn, NY 11201