Michael Anthony Rossi DUI/DWI Law Blog on Lawyers.com

New York DWI and DWAI Penalties

Thursday, November 17, 2011 by Michael Anthony Rossi

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In New York, alcohol related
offences, such as Driving While Intoxicated (DWI), are serious issues that
demand immediate attention from an experienced DWI attorney.  These charges often carry significant
penalties including mandatory minimum fines, the possibility of jail time, and
the suspension or revocation of the driver’s license.



 



     Driving
While Intoxicated (Vehicle & Traffic Law § 1192[2] and [3]) is a
misdemeanor criminal offense in New York State, and the DWI charge can be
brought against an individual in two situations: (1) where the driver has a
blood alcohol reading of .08 or higher at the time that driver was operating
the vehicle, based on a blood or breath test (§1192[2]), or (2) where the
driver appears to be intoxicated based on
the arresting officer’s evaluation of the driver (§ 1192[3]).



 



   A
Driving While Intoxicated conviction can lead to the imposition of serious
penalties.  For a first conviction,
the sentencing court will impose a mandatory fine of between $500 and $1,000,
and will suspend the driver’s license for a minimum of 6 months.  Though it is not common for first time
offenders to be sentenced to jail time, a first time DWI conviction is
punishable by up to a year in jail.   



 



  Driving While Ability Impaired (Vehicle & Traffic Law
§ 1192[1]) is considered a traffic infraction (NOT a crime), and is
applicable where the driver’s “ability to operate [a] motor vehicle is impaired
by the consumption of alcohol, ” but the driver’s blood alcohol level is less
than .08 of one percent.  A first
conviction of Driving While Ability Impaired carries a mandatory fine of
between $300 and $500, a mandatory suspension of the driver’s license for a
period of 90 days, and is punishable by up to 15 days in jail.    

 
Posted at 15:45 PM
Topic: DUI/DWI
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