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Being arrested for DWI in New York is tough. It can be even tougher on commercial drivers and persons under the age of 21. If you fall into one of these two categories, you should trust your case to our Westchester County DWI defense attorneys. We are experienced in challenging police procedures for administering field sobriety tests and stopping vehicles. Our aggressive representation has earned us a reputation as being some of the best lawyers in New York. 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 Impaired Per Se level I - Commercial Motor Vehicle charged under VTL §1192.5:
If you operate a commercial motor vehicle you know that protecting your ability to drive means everything. If you have blood alcohol content anywhere from .04 to .06, you can be charged under VTL 1192.5. Our lawyers have represented numerous truck drivers, limousine driver, bus drivers, and other commercial drivers. We understand your concern and what you have at stake. Give our lawyers a call now at 914-723-7900.
Penalties For Driving While Impaired Per Se level I -Commercial Motor Vehicle:
| Conviction | Class | Minimum Fine | Maximum Fine | Jail | License |
|---|---|---|---|---|---|
| 1st | Traffic Infraction | $300.00 | $500.00 | Up to 15 days | CDL revoked for 1 Year or at least 3 years if vehicle was placarded for Hazardous Materials |
| 2nd Offense Within 5 Years | Traffic Infraction | $500.00 | $750.00 | Up to 4 years; minimum 5 days or 30 days Community Service | CDL revoked for Life unless waived |
Driving While Impaired Per Se level II - Commercial Motor Vehicle charged under VTL §1192.6:
DWAI-level II affected operators of commercial motor vehicles whose blood alcohol content is between .06 and .08. The penalties can be severe.
Penalties For Driving While Impaired Per Se II-Commercial Motor Vehicle:
| Conviction | Class | Minimum Fine | Maximum Fine | Jail | License |
|---|---|---|---|---|---|
| 1st | Misdemeanor | $500.00 | $1,500.00 | Up to 180 days | CDL revoked for 1 Year or at least 3 years if vehicle was placarded for Hazardous Materials |
| 2nd Offense Within 5 Years | Misdemeanor | $1,000.00 | $5,000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | CDL revoked for Life unless waived |
Operating a Motor Vehicle After Consuming Alcohol/Under 21 years old charged under VTL §1192-a:
A charge under VTL §1192-a is commonly referred as the “Zero Tolerance Law.” If you are under the age of 21 and charged with DWI, the New York legislature has imposed severe penalties. If you are under the age 21, you are deemed to have consumed alcohol only if you have blood alcohol content between .02 and .07.
Penalties Under Zero Tolerance Law:
| Conviction Class | Civil Penalty | Jail | License | |
|---|---|---|---|---|
| 1st | It is neither a crime nor an offense | $125.00 | N/A | Suspended 6 months |
| 2nd | It is neither a crime nor an offense | $125.00 | N/A | Revoked for 1 year or until age 21 whichever is greater |
Our DWI defense firm can be often found defending clients in Westchester County, Rockland County, and Nassau County. Give us a call at 914-723-7900.