New York DWI Law: Serious Penalties
Having a DWI or an Aggravated DWI (A-DWI) charge is a serious matter. A DWI conviction will have a considerable impact on your life, whether it is the first offense or subsequent offenses.

June 18, 2009 /24-7PressRelease/ -- New York DWI Law: Serious Penalties

Article provided by the Law Office of Mark J. Sacco, PLLC. Please visit our Web site at www.mjsacco.com

What is the Law in New York?

If found guilty of a DWI offense, you may face fines, the suspension of your drivers license and possibly time in jail. Penalties for DWI include:

• First offense: fines of $500-$1,000, license suspension for six months and a possible jail term for up to 1 year (maximum)
• Second offense within 10 years: fines of $1,000-$5,000, license suspension for one year and a maximum jail term of 4 years, Felony conviction
• Third offense within 10 years: fines of $2,000-$10,000, license suspension for one year and a maximum jail term of 7 years, Felony conviction

Aggravated DWI (A-DWI)

In accordance with the aggravated DWI statute, if you were driving a motor vehicle with a BAC of 0.18, or more, you may be subject to penalties that are more serious than you would face with a DWI offense (standard DWI charge). If you are charged with a subsequent A-DWI offense within 10 years, the charge becomes a felony and may severely affect your life. Some aggravated DWI penalties may include:

• First offense: fines of $1,000-$2,500, license suspension for one year and a maximum jail term of one year
• Second offense: felony offense, fines of $1,000-$5,000, license suspension for 18 months and a maximum jail term of 4 years, Felony conviction
• Third offense: felony offense, fines of $2,000-$10,000, license suspension for 18 months and a maximum jail term of 7 years, Felony conviction

In addition, a charge of aggravated DWI may exclude you from being eligible to reduce your offense to driving while ability impaired (DWAI), which is a lesser offense than a criminal DWI. DWAI is not a criminal charge and carries less severe penalties.

Mandatory Assessments

Under some circumstances, you will be subject to mandatory drug and alcohol abuse/dependency assessments and the court may order treatment based on the assessment results. Situations where assessments will be mandatory by the court are as follows:

• Screening shows that you have a drug or alcohol dependency (screening is required if you had a BAC of 0.15 or refused the chemical test)
• You have been charged with a DWI and had a BAC of 0.15 or more
• You have been charged with a A-DWI
• In the past 5 years, you have been convicted of a prior driving offense in violation of New York's Vehicle and Traffic Law sec. 1192, vehicular assault or vehicular manslaughter, or have been convicted of more than one of these offenses in the past 10 years

Consult with an Attorney

Having a DWI or A-DWI charge is a serious matter. An attorney can help you know your rights and protect them. Because, the statutes regarding DWI laws are complex and always changing, it is important to speak with an attorney knowledgeable in the applicable laws to learn about any changes and how they may affect your case. A DWI conviction will have a considerable impact on your life, whether it is the first offense or subsequent offenses. It is important to have the assistance of an attorney to answer any questions you may have about the law and to give you an aggressive defense. Your future may depend on it.

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