DWI cases involve some of the most detailed factual scenarios and challenging legal issues a criminal defense case can offer.
From understanding the intricacies of the Vehicle and Traffic Law, the legal basis for probable cause to stop and search a motor vehicle, and knowing how and when expert testimony can and should use, every case requires a critical review of precisely what the Government claims happened.
Losing your driver’s license could result in relinquishing your job because you can’t get to work. If you face charges with a DWI, you need a DWI attorney experienced in the statutes surrounding these crimes in Saratoga Springs, NY.
It would be best if you had solid legal representation and an experienced criminal defense attorney in Saratoga County who will protect your rights.
DWI/DUI cases are also unique in that the Government can take your driving privileges away from you before conviction in certain circumstances for some time. If not handled properly, this and other related issues can cause defendants to lose their jobs or be unable to transport their children and carry on the necessary life tasks.
What are the Laws & Penalties for a DWI in New York?
In New York, if a driver operates a vehicle vehicle with a blood alcohol content (BAC) of .08 percent or higher, they will be charged with driving while intoxicated (DWI). However, the legal limit for commercial drivers is .04 percent and .02 percent for underage drivers (younger than 21). Remember, driving with a BAC of .18 percent or higher can lead to aggravated DWI charges.
If a person’s BAC is more than .05 percent but less than .07 percent, they could be charged with driving while ability imparied (DWAI) by alcohol. Additionally, a person can face DWAI charges for driving under the influence of a single controlled substance or a combination of alcohol and drugs.
Here is a breakdown of the DWI penalties in New York:
- First DWI, DWAI-Drug, or First DWAI-Combination – Punishable by a jail sentence of up to 1 year, a maximum fine of $1,000, and driver’s license revocation for at least 6 months
- Second DWI, DWAI-Drug, or First DWAI-Combination in 10 years – Punishable by imprisonment for up to 4 years, a fine not exceeding $5,000, and license revocation for at least 1 year
- Third DWI, DWAI-Drug, or First DWAI-Combination in 10 years – Punishable by a maximum prison term of 7 years, a fine of up to $10,000, and license revocation for at least 1 year
- First DWAI – Punishable by a jail sentence of up to 15 days, a maximum fine of $500, and license suspension for 90 days
- Second DWAI in 5 years – Punishable by a maximum jail term of 30 days, a fine no more than $500, and license revocation for at least 6 months
- Third or Subsequent DWAI in 10 years – Punishable by up to 180 days in jail, a fine not exceeding $1,500, and license revocation for at least 6 months
- First Underage DWI – Punishable by a fine of up to $126 and license suspension for 6 months with no jail time
- Second Underage DWI – Punishable by a maximum fine of $125 and license revocation for 1 year or until reaching 21 years of age
People with professional licenses like attorneys, doctors, and pilots may face disciplinary action and could be at risk of losing their license. They may also have affirmative reporting requirements to their employers and licensing authorities.
Our Saratoga Springs DWI defense attorney can challenge the evidence against you and fight for the best potential result on your behalf!
Is a DWI a Felony in New York?
In New York, a DWI (Driving While Intoxicated) offense can be classified as either a misdemeanor or a felony, depending on certain factors. The specific circumstances and prior convictions play a significant role in determining the severity of the charge.
A first-time DWI offense without aggravating factors is typically considered a misdemeanor in New York. However, if the driver's blood alcohol concentration (BAC) is significantly above the legal limit or if there are other aggravating factors involved, such as causing injury or death, the charge can be elevated to a felony.
Aggravated DWI is a misdemeanor offense when the driver's BAC is 0.18% or higher. However, it becomes a felony if the driver has a prior DWI conviction within the past ten years, regardless of the BAC level. If a DWI offense involves serious injury or death, it can be charged as a felony. For example, if the intoxicated driver causes serious physical injury to another person, they can be charged with a class D felony. If the accident results in a fatality, the charge can be elevated to a class C felony.
How to Get a DWI Dismissed in NY?
A DWI charge can be dismissed in NY if there is a determination from the police officer that there was no reasonable suspicion to pull the car over. For instance, suppose the police pull a vehicle over; they can only do so if they have a reasonable doubt that the driver has committed a traffic law violation.
Scott carefully counsels each DWI/DUI client about how the allegation will affect them, what their rights are, what defenses are available and then guides them through the defense process to the best result possible.