The state of New York takes driving while intoxicated (DWI) charges very seriously and is working tirelessly to combat them. A driver can be found guilty of a DWI in New York if they are driving with a blood alcohol concentration (BAC) over the legal limit of 0.08%. If the driver is under the age of 21, the legal limit is 0.02%. For those driving a commercial vehicle, the limit is 0.04%. In order to determine a driver’s BAC, a law enforcement officer may administer a Breathalyzer or Alcotest. Penalties for those charged with a DWI in Rockland County may be devastating and carry the potential to impact the rest of a person’s life.
First Offense DWI
When a driver is charged with their first DWI, there are a certain set of penalties for a first offense. This may include:
- A suspended license for a minimum of 6 months
- Fines between $500-$1,000
- The possibility of an ignition interlock device installed in your car
First time DWI offenders may be eligible to receive a conditional license if they participate and pass the Impaired Driver Program. Such licenses allow individuals to drive to places like work, school, or medical appointments.
Second Offense DWI
A second time DWI offender is subject to consequences different than those of a first time offender. This may consist of:
- Revoked license for at least one year
- Fines up to $5,000
- The possibility of up to 4 years of jail time
Third Offense DWI
Individuals who are charged with a third DWI within 10 years may be subject to devastating consequences. Such penalties may include:
- A revoked license for at least 1 year, possibly 5-10 years
- Possibly having your license permanently revoked
- Fines between $2000-$10,000
- Up to 7 years in jail time
- State surcharges
Aggravated Driving While Intoxicated
If an individual is found with an extremely high BAC, they will be subject to severe consequences. If a driver is found with a blood alcohol concentration of 0.18% or higher, they may be charged with aggravated driving while intoxicated (A-DWI). New York State courts are very strict with such a high BAC. Consequences may vary depending on if it is your first offense or if you have multiple A-DWI offenses. Penalties can include thousands of dollars in fines, years of jail time, license revocation, and state surcharges.
Contact Our Firm
If you have been arrested for a DWI, it is important to speak to an attorney who can assess your situation and guide you in the best direction. Contact 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.