Getting pulled over and questioned for suspicion of drunk driving is stressful. Anyone in this situation probably has question after question running through their head. Questions like will I get a ticket? Will I go to jail? Will this affect my record? Will they take away my car?
These are all valid questions, and the answer often depends on the details of the stop. New Yorkers can face a variety of charges, Driving While Intoxicated (DWI) being one. The following is a brief breakdown of some of the charges that may apply:
- Driving While Impaired by Alcohol (DWAI/Alcohol). This crime involves evidence that a driver has an alleged Blood Alcohol Content (BAC) that ranges from 0.05 to 0.07. A conviction for this crime can result in a fine ranging from $300 to $500 and imprisonment of up to 15 days. A second conviction can result in a fine ranging from $500 to $750 and imprisonment up to 30 days.
- Driving While Intoxicated (DWI). Perhaps the most well known, a DWI charge applies when a driver is alleged to have a BAC over the legal limit of 0.08 or higher. A first conviction for a DWI can result in a fine ranging from $500 to $1,000 and potential imprisonment of up to one year. A second offense within ten years of the first is considered a felony and results in fine of $1,000 to $5,000 and up to four years imprisonment.
- Aggravated Driving While Intoxicated (Aggravated DWI). This charge is the result of evidence finding that the driver has an alleged BAC of 0.18 or higher. A first Aggravated DWI conviction can result in a fine of $1,000 to $2,500 and imprisonment of up to one year. A second offense within ten years is considered a felony and can result in a fine of $1,000 to $5,000 and imprisonment of up to four years.
Additional penalties may apply depending on the details of the charges.
Facing drunk driving charges in New York?
Those who are facing these or other drunk driving charges in New York have options. It is important to know that defenses are available. One potential defense involves the methods used to gather evidence that the driver was intoxicated. A defective Breathalyzer, faulty blood draw or other violation of protocol could result in the evidence being thrown from court. This is just one of many options. Contact an experienced criminal defense attorney to discuss your options.