Penalties for a DWI Charge in New York
The consequences of drunk driving should always be taken seriously. The impact of this type of accident can throw your entire life into chaos.
Your best defense against life-altering penalties for a DWI charge in New York is to talk with an attorney. At the Law Offices of Jeffrey Lichtman, our criminal defense legal counsel builds aggressive, tailored defenses designed to protect your rights.
Understanding New York Vehicle and Traffic Laws
New York strictly enforces its statutes related to driving while intoxicated. Under New York Vehicle and Traffic Law § 1192(2), operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or greater is a crime. If you are facing a first-time DWI conviction, N.Y. V.T.L. § 1193(1)(b) outlines severe statutory penalties, which include:
- Facing court-ordered fines of up to $1,000
- Being sentenced to jail for up to one year
- Losing your driver’s license for a minimum of six months
Beyond these penalties, a DWI conviction leads to additional financial ramifications, including increased auto insurance rates, mandatory government surcharges, which are separate from fees, and the expensive installation of a breathalyzer in your vehicle.
Consequences for Repeat Offenses
The legal consequences skyrocket if you have prior drunk driving convictions on your record. Repeat offenders face escalated felony charges, longer prison sentences, steeper fines, and multi-year license revocations. Furthermore, under New York Penal Law § 70.06, the state can impose enhanced sentencing guidelines if you have previous felony convictions on your record.
It is also important to understand the high cost of declining an officer’s request. Pursuant to N.Y. V.T.L. § 1194, refusing to submit to a lawful breath, blood, or urine test triggers an automatic administrative suspension and the civil revocation of your driving privileges. This penalty applies even if your underlying criminal case is eventually dismissed.
How Can an Attorney Defend You?
An experienced DWI defense attorney will thoroughly investigate your case by evaluating whether the police had reasonable suspicion to initiate the initial traffic stop and challenging the administration, reliability, and accuracy of field sobriety and breathalyzer tests.
A lawyer can also identify potential violations of your constitutional rights, such as unlawful searches or a failure to read Miranda warnings. Dedicated legal counsel can negotiate with prosecutors for reduced charges or alternative sentencing programs.
Contact a Diligent DWI Lawyer For Help Today
After facing penalties for a DWI charge in New York, do not attempt to navigate the criminal justice system alone. Aligning yourself with a dedicated criminal defense attorney gives you the resources and advocacy needed to break down the state’s evidence and safeguard your livelihood.
Protect your rights and your future. Contact the Law Offices of Jeffrey Lichtman today to schedule a free, fully confidential consultation.