New York vehicle and traffic laws do not permit people to drive a motor vehicle while under the influence of alcohol or drugs.
People are considered to be under the influence, or have their judgment impaired by alcoholic usage if and when their blood alcohol concentration (BAC) is 0.08 or above. The BAC is got through the chemical testing of your saliva, breath, blood or urine.
If you are found guilty of a DWI offense, you face various DWI penalties. You stand to face fines, the suspension of your driver’s license and may even have to spend time in jail based on the type of offense you commit.
Penalties for various offenses
If it’s the first offense, you face a fine of $500 to $1000, have your license suspended for 6 months and may have to serve a jail term for a maximum of a year.
In case of a second offense within 10 years, the offense is considered a felony conviction. You stand to face a fine of $1000 to $5000, may have a one year license suspension or may have to spend a maximum of 4 years in jail.
In case of a third offense in 10 years, the offense is also considered a felony conviction where you may be fined between $2,000 to $10,00. Your license may also get suspended for a year and you may have to serve a maximum jail term of 7 years.
New York aggravated DWI (A-DWI) Laws
You are subjected to more serious penalties than a standard DWI if you were found driving a motor vehicle with a BAC of 0.18 or more as it is considered an aggravated DWI case.
Moreover, if you are charged with a consequent A-DWI offense within a 10 year span, the charge is considered a felony and has dire consequences on your life.
Aggravated DWI penalties include a fine of $1000 to $2500 for first offenses, one year license suspension and a maximum jail term of a year. In case of a second offense, it is considered a felony offense where you face a fine of $1000 to $5000, an 18 months’ license suspension and a maximum of 4 years jail term.
Third offenses are also considered a felony conviction where you face a fine of $2000 to $10000, a license suspension of 18 months and a maximum of 7 years’ jail term.
Moreover, if you are charged of an aggravated DWI, you will not be able to reduce your offense to a lesser offense of driving while ability impaired (DWAI). A DWAI is not a criminal charge and has less severe penalties.
In some cases, you may have to undergo mandatory drug and alcohol dependency/abuse tests wherein the court orders their judgement based on its results.
Such cases are when a screening shows that you have a drug or alcohol dependency. Screenings are performed when you have a BAC of 0.15 or if you refuse the BAC test.
You also have to undergo a mandatory drug and alcohol test
- if you are charged with a DWI and have a BAC of 0.15 or more
- if you have been charged with a A-DWI
- if you have been convicted of a driving offense in the past 5 years that had violated New York’s Vehicle and Traffic Law sec. 1192, vehicular assault or vehicular manslaughter.