How Long Will I Be Sentenced to Jail for a DWI in New York?

The criminal offense of Driving While Intoxicated (DWI) by drugs or alcohol is taken seriously in the state of New York. A conviction can result in a slew of legal penalties, including terms of imprisonment, fines, license revocation or suspension, and more. If you are facing DWI charges and are wondering how long you may be sentenced to jail, it is crucial that you work with a skilled lawyer to better understand your legal rights and options. Reach out to a knowledgeable New City DWI defense attorney for more information and representation today.

What is a DWI?

DWI is another term for the more well-known offense referred to as a DUI (Driving Under the Influence). These words are often used interchangeably and describe the crime of operating a motor vehicle after consuming enough drugs or alcohol to the point that the individual cannot safely drive. Drugs and alcohol reduce the brain’s function, impair reasoning and thinking, slow down reaction times, and impact coordination.

Driving under the influence is divided into several categories in New York, depending on the details of the offense. Consider the following.

• DWI (Driving While Intoxicated): Driving with a BAC of 0.08 or higher or other evidence of intoxication by drugs or alcohol
• Aggravated DWI: Driving with a BAC of 0.18 or higher
• DWAI-alcohol (Driving While Ability Impaired by Alcohol): Driving with a BAC between 0.05 and 0.07 or other evidence of impairment
• DWAI-drug (Driving While Ability Impaired by a Single Drug): Driving with evidence of impairment by drugs
• DWAI-combination (Driving While Ability Impaired by a Combination of Drugs or Alcohol): Driving with evidence of impairment by multiple drugs or drugs and alcohol

How Long Will I Be Sentenced to Jail for a DWI in NY?

The amount of time you will spend in jail after being convicted of a DWI depends on the type of offense you are charged with, as well as the specific details of your crime. The standard sentencing guidelines in New York for each type of DWI are as follows.

• DWAI-alcohol: 15 days in jail
• Second DWAI-alcohol in 5 years: 30 days in jail
• DWAI-combination: 1 year in jail
• Second DWAI-combination in 10 years: 4 years in jail
• Third DWAI-combination in 10 years: 7 years in jail
• DWI or DWAI-drug: 1 year in jail
• Second DWI or DWAI-drug in 10 years: 4 years in jail
• Third DWI or DWAI-drug in 10 years: 7 years in jail
• Aggravated DWI: 1 year in jail
• Second aggravated DWI in 10 years: 4 years in jail
• Third aggravated DWI in 10 years: 7 years in jail

Depending on your offense and whether aggravating or mitigating circumstances were present, you will generally face the above terms of imprisonment for driving under the influence of drugs or alcohol.

To learn more and secure skilled representation, reach out to a lawyer at the Law Office of Kevin T. Conway today.