First Offense DWI in New York: Understanding Charges and Penalties

Driving while intoxicated (DWI) charges in New York can be levied against anyone, regardless of their standing in society, if they make a simple mistake. However, if you find yourself in such a situation, it’s essential to know the severity of the penalties you might face.

If you’re arrested for DWI, it’s critical to understand the charges against you. You can discuss your case with our experienced DWI defense attorney at Spodek Law Group to determine your options and what you’re up against.

Different BAC Levels Determine the Severity of DWI Charges

In New York, the severity of DWI charges hinges mainly on your blood alcohol content (BAC) at the time of your arrest. The severity of the charge differs depending on the BAC level.

If your BAC level is relatively low, you may face charges for driving while alcohol-impaired (DWAI), while high BAC levels will lead to charges for aggravated DWI, which are more severe. You could also face aggravated DWI charges if you were intoxicated while driving with a passenger aged 15 years or younger.

The BAC levels for each type of charge are as follows:

DWAI: Any BAC level that creates any extent of driving impairment
DWI: BAC of 0.08% to 0.18%
Aggravated DWI: BAC of 0.18% or higher

First Offense Charges for DWAI

If you’re charged with DWAI, it’s the least severe type of drunk driving offense you could face for your first offense. If you were only intoxicated by alcohol, not drugs, DWAI is a traffic infraction, not a criminal charge, with relatively light repercussions.

The penalties for a first offense of DWAI include a fine ranging between $300 and $500, up to 15 days in jail, a license suspension of at least 90 days, your attendance at a victim impact panel for drunk driving, court fees of approximately $250, and SR-22 insurance requirements.

First Offense Charges for DWI

If you had a BAC over the legal limit of 0.08% when you were pulled over and arrested, you will likely face DWI charges. Compared to DWAI accusations, first-offense DWI charges are misdemeanors that carry more severe penalties upon conviction.

The penalties for a first offense of DWI include a fine ranging between $500 and $1,000, up to one year in jail, a license suspension of at least six months, the installation of an Ignition Interlock Device in your vehicle, your attendance at a victim impact panel for drunk driving, court fees of approximately $400, three years of probation, and SR-22 insurance requirements.

First Offense Charges for Aggravated DWI

Driving under the influence is a serious crime that can have life-altering consequences. If you’re caught driving with a blood alcohol concentration (BAC) over 0.18% or with a child under the age of 15 in your car, you will be charged with aggravated DWI, which is a misdemeanor. If you’re convicted, the penalties you’ll face include a fine ranging from $1,000 to $2,500, up to one year in jail, a license suspension of at least one year, and mandatory attendance at a victim impact panel for DWI. You’ll also be required to install an Ignition Interlock Device in your vehicle, pay court fees of around $400, and maintain SR-22 insurance for three years.

Administrative Penalties for DWI and DWAI in New York

Driving while intoxicated (DWI) and driving while ability impaired (DWAI) are serious offenses in New York that carry significant administrative penalties. These penalties are designed to deter individuals from driving under the influence and to ensure public safety on the roads. At Spodek Law Group, we understand that facing these penalties can be overwhelming and confusing. That’s why we’re here to help. Our attorney, Todd Spodek, has years of experience defending clients against DWI and DWAI charges, and he can help you navigate the legal process and protect your rights.

License Suspension and Revocation

If a police officer has reasonable grounds to believe that a driver has committed a DWAI or DWI, the driver is required to take a chemical test under New York’s implied consent law. Failure to take the test can result in immediate license suspension.

At the arraignment, which is the first court date, the court can suspend the license of any driver who had a blood alcohol content (BAC) of .08% or higher while the criminal prosecution is pending. If the driver refused the chemical test, the court will suspend their license pending the outcome of a Department of Motor Vehicles (DMV) hearing. If the refusal is confirmed at the hearing, the DMV will revoke the driver’s license for one year.

Conditional License and Hardship Privilege

Fortunately, eligible offenders can obtain a “conditional license” or “hardship privilege” that allows them to drive in limited situations during the suspension or revocation period. These situations include driving to work, school, medical appointments, or other necessary destinations.

Civil Penalty

In addition to license suspension and revocation, a motorist whose license is revoked for refusing to submit to a chemical test must pay a $500 civil penalty. This penalty is meant to discourage drivers from refusing the test and to incentivize compliance with New York’s implied consent law.

If you’re facing DWI or DWAI charges in New York, it’s essential to understand the administrative penalties that you may face. At Spodek Law Group, we can help you navigate this complex legal landscape and fight to protect your rights and your driving privileges. Contact us today to schedule a consultation with attorney Todd Spodek.h4>New York’s Implied Consent Law

If you’re pulled over on suspicion of DWI, New York’s implied consent law requires you to submit to a breath or blood test. Refusal to do so will result in an automatic one-year suspension of your driver’s license and a fine of $500. By refusing to take the test, you’re effectively admitting guilt and increasing your chances of being convicted of DWI.

Legal Defenses for First Offense DWI Charges

If you’ve been charged with DWI, there are a few defenses your attorney can use to fight the charges. One potential defense is an illegal traffic stop. The police must have probable cause to pull you over, and if they don’t, any evidence they obtain during the stop may be inadmissible in court. Additionally, miscalibrated testing devices or poorly administered tests may also be used as defenses. Breath and blood testing devices must be calibrated regularly to ensure accuracy, and if the police do not administer field sobriety or breathalyzer tests correctly, the evidence they collect may be excluded from court.

In Conclusion

Driving under the influence of alcohol is a serious offense in New York. If you’re charged with DWI or DWAI, it’s crucial to have experienced legal representation to defend your rights and navigate the legal system. At Spodek Law Group, our attorney Todd Spodek has a wealth of experience defending clients facing DWI charges. Contact us today for a consultation.