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Being arrested for DWI in New York can be a terrifying experience. It is a crime than can lead to a permanent, life long record that cannot be expunged. A conviction can carry a jail sentence for first time offenders. Our Westchester County DWI defense attorneys are experienced in challenging police procedures for administering field sobriety tests and stopping vehicles. In so doing, we can fight to get you the best result possible. Don't underestimate the situation and call our attorneys at 914-723-7900.
The penalties for a DWI conviction are constantly changing. You should consult one of our attorneys to ensure this list is up to date. The following information is a glimpse into the possible penalties. Note, there are additional sanctions that can be imposed.
Driving While Ability Impaired by Alcohol (DWAI) chargeable under VTL § 1192.1: Penalties for Driving While Ability Impaired By Alcohol [.05 to .07 Blood Alcohol Content]:
| Conviction | Class | Minimum Fine | Maximum Fin | Jail | License |
|---|---|---|---|---|---|
| 1st | Traffic Infraction | $300.00 | $500.00 | Up to 15 days | 90 Day Suspension |
| 2nd Offense Within 5 Years | Traffic Infraction | $500.00 | $750.00 | Up to 30 Days | Minimum Six Month Revocation |
Driving While Intoxicated With .08 of One Percent Alcohol (DWI) chargeable under VTL § 1192.2:
Misdemeanor DWI begins with the operation of a motor vehicle and having a blood alcohol content of .08 or greater. If you have been charged under VTL § 1192.2 or any other related section of the vehicle and traffic law, give our DWI law firm a call today at 914-723-7900. We are strategically located to defend clients in New York City and the surrounding counties including Westchester County, Rockland County, and Nassau County.
Penalties For Driving While Intoxicated [0.08 and Higher Blood Alcohol Content]:
| Conviction | Class | Minimum Fine | Maximum Fin | Jail | License |
|---|---|---|---|---|---|
| 1st | Misdemeanor | $500.00 | $1,000.00 | Up to 1 Year | Minimum 6 Month Revocation |
| 2nd Offense Within 10 Years | E -Felony | $1,000.00 | $5,000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | Minimum 1 Year Revocation |
Aggravated Driving While Intoxicated With .18 Grams or More of Alcohol chargeable under VTL § 1192.2a:
In recent years, public scrutiny has increased for alcohol related crimes. The New York Legislature heard the public's outcry and enacted, the "Aggravated DWI" statute. If you operate a motor vehicle while you have a blood alcohol content of .18 or greater it is more likely than not that you will be charged with Aggravated DWI.
Penalties for Aggravated Driving While Intoxicated With .18 Grams or More of Alcohol [.018 and higher blood alcohol content aka BAC]:
| Conviction | Class | Minimum Fine | Maximum Fin | Jail | License |
|---|---|---|---|---|---|
| 1st | Misdemeanor | $1,000.00 | $2,500.00 | Up to 1 Year | Minimum 1 Year Revocation |
| 2nd Offense Within 10 Years | E -Felony | $1,000.00 | $5,000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | Minimum 18 month Revocation |
Driving While in an Intoxicated Condition chargeable under VTL §1192.3:
VTL §1192.3 is commonly referred to in New York as "common law DWI" or operating a motor vehicle while you are in an intoxicated condition. If you are charged under this statute, give our DWI defense team a call at 914-723-7900.
Penalties For Driving While In An Intoxicated Condition-VTL §1192.3:
| Conviction | Class | Minimum Fine | Maximum Fin | Jail | License |
|---|---|---|---|---|---|
| 1st | Misdemeanor | $1,000.00 | $2,500.00 | Up to 1 Year | Minimum 1 Year Revocation |
| 2nd Offense Within 10 Years | E -Felony | $1,000.00 | $5,000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | Minimum 18 month Revocation |
Driving While Ability Impaired by Drugs chargeable under VTL§ 1192.4:
Operating a motor vehicle while under the influence of drugs is a crime chargeable under VTL § 1192.4. A conviction for this crime can be either a misdemeanor or felony.
Penalties For Driving While Ability Impaired By A Drug [DWAI Drug]:
| Conviction | Class | Minimum Fine | Maximum Fin | Jail | License |
|---|---|---|---|---|---|
| 1st | Misdemeanor | $500.00 | $1,000.00 | Up to 1 Year | Minimum 6 Month Revocation |
| 2nd Offense Within 10 Years | E -Felony | $1,000.00 | $5,000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | Minimum 1 Year Revocation |
Driving While Ability Impaired by Drugs and Alcohol charged under VTL § 1192.4(a):
This section of the law provides for a conviction whereby a motorist is impaired by the influence of drugs or the combined influence alcohol and any drug. If you are charged with violating VTL § 1192.4(a), give our top DWI attorneys a call.
Penalties For Driving While Ability Impaired by Drugs and Alcohol (DWAI Combination):
| Conviction | Class | Minimum Fine | Maximum Fin | Jail | License |
|---|---|---|---|---|---|
| 1st | Misdemeanor | $500.00 | $1,000.00 | Up to 1 Year | Minimum 6 Month Revocation |
| 2nd Offense Within 10 Years | E -Felony | $1,000.00 | $5,000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | Minimum 1 Year Revocation |
If you are charged with DWI or any related crime, give your Westchester criminal defense attorneys a call at 914-723-7900.