The New York DWI Process and Procedures You Need to Know

DWI stands for Driving While Intoxicated and in the state of New York you can face penalties such as loss of driving privileges, fines and possible jail time if you are convicted of this crime. Alcohol can affect your driving because it impairs your judgment, coordination and ability to drive a vehicle safely.

Alcohol affects every person differently do to these five conditions:
1. The amount of alcohol you consumed
2. The amount of food you ate either before you drank or while you were drinking
3. How long you consumed the alcohol
4. Your body weight
5. Your gender

The average rate that a person’s body can process alcohol is about one drink per hour. In New York State, it is illegal to drive with a BAC (blood alcohol content) of .08 or higher; this is classified as a DWI. You will have to pay a fine of $500 to $1,000 and your license will be revoked for at least six months. You could also face a jail sentence of one year.

Here are more alcohol-related violations in New York State:
Aggravated DWI: Having a BAC of 1.8 or higher
DWAI: Having a BAC of .05 to .07 or having other evidence of impairment
Chemical Test Refusal: If you refuse to take a chemical test, your license will be revoked for at least 1 year and you will be fined $500 ($550 if you’re a commercial driver) to apply for a new driver’s license.
Zero Tolerance Law: If you are less than 21 years old and were found driving with a BAC of .02 to .07. You will be fined $125 and have to pay a $100 fee to terminate suspension. Your driver’s license will be suspended for six months.

If you are convicted of a second DWI within 10 years of your first violation, you must pay a fine of $1,000 to $5,000 and could face up to 4 years in jail. Your license will be revoked for one year. If you are convicted of a third DWI in 10 years, your fine will rise to $2,000 to $10,000 and you could face up to 7 years in jail. Your license will be revoked for at least one year.

So as the DWI charges rise, so do the penalties and fines. But no matter what your current situation is, please contact Anelli Xavier because we can help you. Thanks to our dedicated team of professional DWI defenders, we can reduce or completely wipe out your pending punishments. Please call our office today for a free, immediate consultation.