DWI Charge in New York?/
Nobody goes out at night planning to get pulled over. We all already know that drinking and driving is one of the most dangerous things a driver can do. Driving while intoxicated poses a serious danger to you and everyone else on the road, and the State of New York takes it very seriously. If you’ve been arrested, some of the possible charges you’re facing and what you can do to fight them are below.
If you or a loved one has been arrested for driving while intoxicated, contact the Law Office of Michael D. Litman today. We offer a free consultation, so there’s no obligation when you pick up the phone or send us an email. Contact us and we’ll let you know your options for dealing with the charges.
Contact Michael D. Litman
If you’ve been accused, charged or arrested for DWI, you should contact the Law Office of Michael D. Litman, PLLC as soon as possible. Michael Litman, based in White Plains, NY, has over a decade of experience and knowledge defending those charged with DWI offenses. We serve residents of Westchester County, White Plains and the New York Metro area.
Penalties for Driving While Intoxicated
- Driving While Intoxicated
Driving while intoxicated (DWI) occurs when a driver operates a vehicle while having a blood alcohol content (BAC) of .08 or higher, or there is other evidence of intoxication. A commercial driver can be charged with DWI when their BAC is .04 or higher.
The penalty for driving while intoxicated, as a first offense, is a fine of $500 to $1,000, jail time for up to one year, and license revocation for at least six months. Subsequent offenses may receive stiffer penalties.
- Driving While Impaired by a Drug
Driving while impaired by a drug (DWAI/Drug) occurs when an individual is found to be driving while impaired by one drug.
The penalty for driving while impaired by a drug, as a first offense, is a fine of $500 to $1,000, jail time for up to one year, and license suspension for at least six months. Subsequent offenses may receive stiffer penalties.
- Aggravated Driving While Intoxicated
Aggravated driving while intoxicated (Aggravated DWI) occurs when an individual operates a vehicle while having a BAC of .18 or higher.
The penalty for aggravated driving while intoxicated, as a first offense, is a fine of $1,000 to $2,500, up to one year in jail, and license revocation for at least one year.
- Driving While Ability Impaired by a Combination of Alcohol/Drugs
Driving while ability impaired by a combined influence of drugs or alcohol (DWAI/Combination) occurs when an individual is found to be driving while intoxicated either by alcohol and one or more other drugs, or by two or more drugs.
The penalty for driving while ability impaired by a combination of alcohol/drugs is a fine of $500 to $1,000, jail time for up to one year, and license revocation for at least six months. Subsequent offenses may receive stiffer penalties.
- Driving While Ability Impaired by Alcohol
Driving while ability impaired by alcohol (DWAI/Alcohol) occurs when an individual has a BAC between .05 and .07, or other evidence of impairment.
The penalty for driving with ability impaired by alcohol is a fine of $300 to $500, up to 15 days jail time, and license suspension for 90 days.
- Zero Tolerance Law
The Zero Tolerance Law applies when a driver under the age of 21 drives with a BAC between .02 and .07.
The penalty for breaking the zero tolerance law is a $125 fine, six months license suspension, and a $100 fee to terminate the suspension.
What to Do if You’ve Been Arrested
If you find yourself being arrested for a DWI charge, the most important thing is that you don’t incriminate yourself any further. Do not admit to anything, including having drank any alcohol. You are not required to talk to the police officer. Don’t try to talk the officer out of arresting you. If the officer has already taken out the cuffs, the decision has already been made. It’s much more likely that you’ll say something that will hurt your case than that you’ll convince the officer to change his or her mind. You have the right to remain silent. This is the time to use it.
Once you’ve been arrested, it’s time for you to start thinking of how you’re going to defend yourself. If you’ve been arrested for DWI, the District Attorney’s Office is already preparing the case against you. You need a plan to defend yourself and a solid understanding of your options. Talk to a skilled attorney to figure out what to do to make the best of your situation.
Since 2014, the Law Office of Michael D. Litman has been representing the criminal defense needs of the citizens of White Plains, Westchester County and the New York Metro area. With attorney Michael Litman defending his clients since 2007, we have the knowledge and the experience to help with all your DWI defense needs. If you have questions or need to set up a consultation, contact us online or call us today. Our firm will work with you from the arraignment all the way through to the trial.