Will I Go to Jail for a First-Offense DWI in New York?

What was intended as a fun night out with friends can quickly turn into a nightmare when you’re pulled over by police. Though you might have thought you were okay enough to drive, the officer disagrees, charging you with a DWI. Though a first-offense DWI may not seem like the worst thing in the world, it can have serious consequences, meaning you’ll need the help of a Spring Valley first offense DWI lawyer to help. Keep reading to discover what penalties you can face following a driving while intoxicated charge.

Does a First-Offense DWI Warrant Jail Time?

In many states, those convicted of a DWI can face a minimum jail sentence. However, New York has no mandatory minimum jail sentence for a first-offense DWI. There is a possibility that you can endure a maximum conviction of one year for your first DWI charge.

Though it is uncommon for a first-time offender to receive prison time, it is something anyone who drinks and drives should consider. The judge will consider the circumstances surrounding your arrest, including your behavior, your Blood Alcohol Content, and any other prevalent information that can influence whether or not you will spend time in jail.

What Are Other Penalties I Can Expect?

Aside from possible jail time, a first-offense DWI comes with a number of penalties. In general, you will probably face a minimum fine of $500, court fees, a suspended license for at least six months, SR-22 insurance, and the installation of an ignition interlock device.

However, if charged with an aggravated DWI, which means you have a BAC of 0.18% or higher, the penalties will be more severe. You can expect a minimum fine of $1,000 and a license suspension for at least a year, on top of the previously mentioned consequences.

How Can an Attorney Help?

While a DWI may seem like an unbeatable charge, this is not always the case. Whether you’re guilty or not, ensuring you contact an attorney as soon as possible is crucial. There are defenses for a drunk driving charge that an experienced lawyer can explore. For example, an attorney may be able to prove that the breathalyzer used to test your BAC was not calibrated properly, producing an incorrect reading. Similarly, the officer who administered a field sobriety test may not have been trained properly to do so.

Though it seems indefensible, a seasoned attorney will do everything in their power to explore all possible defenses for the charges you face.

When you need an attorney on your side, the Law Office of Kevin T. Conway is ready to help. You only have 45 days from your arraignment to file pre-trial motions, so retaining the help of an attorney as soon as possible to guide you through the process is crucial. Contact us today to learn how we can help you navigate these charges. We will do everything possible to help you achieve the best outcome for your circumstances.