DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
The State of New York prohibits driving with a blood alcohol concentration (BAC) of .08 percent or above. The 0.08 limit is used throughout the United States as the benchmark for the "impaired" driver. New York State has lower limits for Commercial drivers (.04) and drivers under the age of 21 (.02).
The laws for drivers under 21 are effectively a zero tolerance law and a minor could lose the privilege to drive until they become an adult. The New York law also addresses driving under the influence of drugs, alcohol or both.
First DWI (Driving While Intoxicated) Conviction -- Misdemeanor
Your first conviction for driving while intoxicated (DWI) in the State of New York with a BAC of .08 percent or higher is a Misdemeanor. The convicted defendant will be fined from $500 to $1,000 and you could spend up to 1 year in jail. The convicted person's license will be suspended for a minimum of 6 months and s/he will be ordered to pay a mandatory conviction surcharge. S/he will also be ordered alcohol screening and evaluation prior to sentencing.
Second DWI Conviction
Your second conviction for a DWI in New York State within 10 years of the first DWI will be a Class E Felony.
This felony carries a minimum fine of $1,000 and up to $5,000. You will also receive a minimum jail sentence of 10 days in jail or be ordered to perform 60 days of community service. The minimum 10 day jail sentence can be increased by the court up to 7 years in jail. Your driver license will be revoked for a minimum of 1 year plus you will have to pay for an ignition interlock device that will be placed on your vehicle once your suspension is over. The court will also have you pay for your alcohol assessment.
Third DWI Conviction
A third DWI conviction in New York is a class D Felony.
You will be fined a minimum of $2,000 up to $10,000. You could be sentenced up to 7 years in jail, 10 days of which is mandatory. The court may also order you to serve 60 days of community service. Your driver license will be revoked for a minimum of 1 year plus you will have to pay for an ignition interlock device that will be placed on your vehicle once your suspension is over.
The Implied Consent Law in New York
New York State has an implied consent law in connection with DWI. This law means that all drivers on the roadways of New York agree to submit to a chemical test of their blood, breath or urine of an officer of the law suspects the driver is under the influence of alcohol or drugs. If a driver refuses such a test, his driver's license is automatically suspended and he faces monetary fines.
Arrest for DWI in New York could have severe consequences including suspension or loss of the driver's license, heavy monetary fines, jail time or probation, mandatory participation in alcoholic treatment programs, car impoundment and a criminal record. DWI laws in New York are very strict, and are enforced in certain counties even more harshly than in others (for example in Long Island , the prosecutors always push for a felony conviction). It is crucial to have experienced aggressive lawyers on your side such as the New York firm of Shepelsky & Associates.
Shepelsky & Associates is committed to quality legal service driven by aggressive legal defense strategies and expertise. We treat criminal defendants with both dignity and respect. Shepelsky & Associates is committed to the principles that everyone is considered innocent until proven guilty and we fight for our clients' rights. Furthermore, even if someone has committed a crime they still deserve zealous, aggressive, ethical representation. It is standard policy in almost every jurisdiction for District Attorneys (Prosecutors) to significantly over - charge Defendants. Remember Prosecutors bosses are elected; therefore they suffer from the whims of public opinion. You need a zealous advocate to protect your constitutional rights. Shepelsky & Associates will aggressively protect clients' constitutional rights. Your very freedom is on the line. |
