In New York, driving while intoxicated (DWI) is a serious criminal offense that can result in harsh legal consequences. Under New York law, there are several ways in which one can be convicted of DWI, including:
- The operation of a motor vehicle with a blood alcohol concentration (BAC) of .02% or higher if under 21 years old;
- The operation of a motor vehicle with a BAC of .08% or higher; and
- The operation of a motor vehicle while “substantially impaired.”
Penalties for DWI in New York
As noted above, the consequences of a DWI conviction can be serious. Below is an overview of New York’s DWI penalties:
- 1st offense: A one-year maximum jail sentence and fines ranging from $500 to $1,000.
- 2nd offense: A four-year maximum prison sentence and fines ranging from $1000 to $5000.
- 3rd offense: A seven-year maximum prison sentence and fines ranging from $2000 to $10,000.
New York Breathalyzer and Blood Test Requirements
In New York, any driver suspected of impaired driving is required to submit to alcohol and chemical drug testing. Following a DWI arrest, law enforcement officers must measure the arrestee’s blood alcohol content within two hours of either the arrest itself or a positive portable breath test. Despite these requirements, individuals arrested on suspicion of DWI often refuse to submit to testing. Below are the penalties for failure to submit to a breathalyzer or blood test in New York following a DWI arrest:
- 1st offense: Suspension of license for one year.
- 2nd offense: Suspension of license for 18 months if the suspect has had a prior refusal or DWI conviction within the previous five years.
- 3rd offense: Suspension of license for 18 months if the suspect has had a prior refusal or DWI conviction within the previous five years.
An additional potential consequence of a DWI suspect’s refusal to submit to chemical testing is the permanent revocation of his or her license.
DWI Defense Attorneys
If you’ve been charged with DWI in New York, it’s imperative that you engage the services of an experienced criminal defense attorney in order to achieve the best possible outcome in your criminal case. At Barket Epstein, our experienced New York DWI defense attorneys will ensure that you are fully apprised of your legal rights and provided with the most effective defense possible.
Our highly skilled DWI defense attorneys, who come equipped with a long track record of success both in negotiating favorable plea bargains and in reaching favorable outcomes in the courtroom, will fight tirelessly to ensure that your rights are protected. Our team includes former prosecutors, former legal aid attorneys, and former criminal court judges to help you navigate the criminal justice landscape. Whether you have been arrested and charged with a crime or are simply being investigated, the attorneys at Barket Epstein are here to help. Please contact one of our experienced DWI defense attorneys for a consultation.