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What are the penalties for a first offense DWI in NY?

Receiving a DWI in New York State is a very serious offense, and there are multiple potential consequences that you may face if convicted. For this reason, it is important that you hire an experienced attorney who can effectively represent you throughout your case. New York considers a person to be intoxicated if they have a Blood Alcohol Content of 0.08 percent or higher. The state has exceptions for this threshold for those who are underage and who drive commercial vehicles. If you are under the age of 21, then you would only need a Blood Alcohol Content of 0.02 percent to be in jeopardy of receiving a DWI charge. Those who are operating a commercial vehicle can be charged with a DWI if they have a BAC of 0.04 percent.

Consequences of a First Offense DWI

There are a number of different penalties that a person can face in New York State if they are convicted of a DWI. Of course, the consequences depend heavily on your age and the number of prior offenses that you have on your record. Though the penalties for a first offense DWI are less serious than those for people who have prior offenses, they still can have significant implications on your life. If you are convicted of a first offense DWI in New York, you may face the following penalties:

  • A fine between $500 and $1,000
  • A license suspension for at least 6 months
  • The possibility of an ignition interlock requirement
  • A criminal record that can impact your future jobs, housing, child custody, etc.

Defenses to DWI in NY

It is critical that you retain the services of an experienced DWI attorney who can help clear your name after a charge of this nature. Your attorney can assess the circumstances of your arrest to see whether law enforcement made a mistake that could make evidence against you inadmissible. If your attorney determines that you were stopped unlawfully, the evidence against you may not be able to be used in court. Additionally, the attorney will explore whether the Field Sobriety Tests were property administered. Some of the defenses for a Field Sobriety Test include the following:

  • The officer failed to explain all instructions
  • The officer failed to demonstrate the test
  • The officer failed to inform you that you were allowed to remove high heels during the test
  • You have a health issue that makes it impossible to take a breath test

Contact a NY DWI Attorney

If you need an experienced DWI defense attorney to represent your interests and protect your future, contact the legal team at The Law Office of Kevin T. Conway today.


Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer,contact our Spring Valley office for a free consultation.

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