DWI Penalties in New York
Information from New York City DWI Lawyers
Driving while intoxicated (DWI) is a crime in the state of New York. Anyone who tests positive for
over .08 percent blood alcohol content can be arrested for this crime.
Others, such as under 21 drivers, can be arrested for less. If you are
arrested for DWI in New York City or Queens, you face the possibility
of criminal and administrative penalties. Administrative penalties are
administered by the Department of Motor Vehicles and primarily have to
do with your right to drive. Some of the major administrative penalties
for DWI include:
- License Suspension
- Vehicle Impoundment
- Ignition Interlock Device
- Alcohol/Drug Rehabilitation Courses
If you or someone you know has been arrested for DWI, a New York City criminal
defense attorney from our firm can help. We will aggressively combat your
charges so that you do not have to face unnecessary administrative and
We represent clients facing DWI charges throughout all of New York, including
Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.
Administrative & Criminal Penalties for DWI
Administrative and criminal penalties differ depending on the type and
degree of offense. Listed below are some of the most common types of DWI
charges and their corresponding penalties.
DWI or Driving While Impaired by a Drug (DWAI-Drug): A mandatory fine of the minimum amount $500 and maximum amount $1,000.
Offenders could potentially be imprisoned in county jail for up to one
year and the DMV will invoke license suspension for a minimum of six months
(beginning after an offender is released from custody).
Aggravated DWI (A-DWI): Mandatory fine of $1,000 to $2,000, a maximum one year in county jail and
license revocation for a minimum of one years' time.
Second DWI Within 10 Years: Mandatory fine of $1,000 to $5,000, a maximum four years' imprisonment
in county jail and license revocation for a minimum of 18 months.
Third DWI Within 10 Years: Mandatory fine of $2,000 to $10,000, a maximum seven years' imprisonment
and a license revocation for at least 18 months.
Under 21 DWI: Per the state of New York's "zero tolerance" law, those under
the legal drinking age of 21 who are arrested for driving while intoxicated
will face a $125 civil penalty upon first offense in addition to a six-month
Refusing a Chemical Test: It is illegal to refuse a chemical test if you have been lawfully arrested
on suspicion of DWI or DWAI-Drug. Refusing a breath, blood or urine test
could result in a $500 fine and a license revocation for one year. Penalties
are more severe for commercial drivers.
Conditional License for DWI Offenders
If you have been convicted of a first-time DWI and you successfully complete
a Drinking Driver Program (DDP), you will be eligible to receive a conditional
driver license, provided that the DMV determines you actually are eligible.
A judge can also prevent a DWI offender from receiving this type of license.
Conditional licenses typically allow a person to be able to drive to certain
areas and at certain hours of the day. For example, most people who are
granted conditional licenses are only allowed to travel to and from work.
Some conditional licenses may also allow drivers to take their children
to school, go to doctor's appointments, etc.
Your Queens Criminal Defense Attorney
If you have been arrested for a DWI crime, then Musa-Obregon & Associates
is the firm for you. This firm has years of experience fighting for the
rights of clients. We can contest the field sobriety test evidence, chemical
test evidence and even police procedure. We go to great lengths to ensure
that our clients receive the best defense possible.
To learn more,
call our Queens DWI lawyers today!