Overview of a New York DWI

A DWI conviction in New York State may involve a suspended driver's license, fines, and the possibility of jail time. In New York, it's illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater, for commercial drivers that number is .04%, and for drivers under 21, the threshold is just .02%.

A New York Aggravated DWI refers to a BAC of .18% or greater, and DWAI/Drug refers to driving while ability impaired by a single drug other than alcohol. The final type of DWI is called a DWAI/Combination, and this refers to driving while ability impaired by the combination of drugs and alcohol.

For a first DWI or (DWAI-Drug), the penalties include fines ranging from $500 to $1,000 and up to one year in jail. For DWI, the person's driver's license will be revoked for at least six months, and for DWAI-Drugs, the person's license will be suspended for at least six months. For Aggravated DWI (BAC of .18% or higher), fines range from $1,000 to $2,500, a maximum of 1 year in jail, and a minimum 1 year license revocation.

Under New York's zero tolerance law, drivers under the age of 21 will be fined a $125 civil penalty, and a $100 re-application fee to terminate their suspension. They don't face jail time on a first offense; however, their driver's license will be suspended for six months.

For chemical test refusal, the driver will have to pay a $500 civil penalty, and their driver's license will be automatically revoked for at least one year. If you were arrested for DWI, contact an attorney from Gannes & Musico, LLP at once to discuss how they can help you challenge your charges and potentially help you keep your license.