Driving while intoxicated, which is also referred to as DWI in New York, is a criminal charge in which an individual could be found guilty of operating a motor vehicle under the influence of drugs or alcohol, or a combination of the two. A DWI defense attorney in the Bronx should be retained right away.
A related situation involves the violation of DWAI or driving while ability impaired, but this is not a crime. Those individuals accused of DWAI will have a blood alcohol level of between 0.06 and 0.079. An individual guilty of DWI on the other hand, has a blood alcohol level of 0.08.
You might think it’s a good idea to decline the test for your blood alcohol content, but this doesn’t mean the state can’t still pursue charges against you and be successful in that endeavor. Furthermore, you might be facing administrative problems because of your choice to pursue this route. Make sure you get advice from a criminal defender immediately after you have been accused. If the officer never had the grounds to arrest you to begin with, your Bronx DWI defense lawyer can challenge this in court.What Happens if You’re Arrested in NY?
Typically, a charge of DWAI will not lead to a jail sentence, although a first offense could allow a judge the discretion to sentence you to up to 15 days in jail, and a maximum of 30 days for subsequent DWAI arrests. Furthermore, a 90 day or 180-day license suspension may apply for DWAI, depending on whether or not this is your first or second arrest. Your DWI defense lawyer in the Bronx can help you figure out what’s next.
Minimum fines you can expect to pay if convicted of DWAI are around $300. However, that small distinction between 0.079 and 0.08 can mean that you are arrested for DUI, with up to a year in jail for your first offense. For second and third offenses, you could be looking at more serious penalties. As a second-time offender, you could be in jail for up to 4 years and a third-time offender for a maximum of 7 years. Furthermore, you are looking at at least a six-month license suspension for a first offense that could be extended to a year for subsequent arrests and fines somewhere between $500 and $10,000. You have to worry about the potential forfeiture and loss of your car, your New York driver's license or privilege and your criminal case to worry about if you are arrested for DWAI or DWI.
If you are convicted of DWI or any related drunk driving related charge, your license will be revoked or suspended for a certain period of time. What happens to your license depends on whether or not you are convicted of a misdemeanor, a violation, or a felony drunk driving charge.
You may be eligible to receive conditional driving privileges or a conditional driving license if you participate in a New York Drinking Driver Program, which may be referred to as DDP. The purpose of such a program is to educate and inform drivers in New York about the dangers of driving while intoxicated by alcohol or impaired by it and to prevent motorists from offending again. Once you complete the 16 hours required of DDP, your participation ends and you have no further requirements. You will receive a notice of completion that will also be sent directly to the DMV. You will need to pay a onetime fee if you are eligible for the DDP program. Those individuals who participate in this program are most frequently concerned with getting a conditional license or privileges to drive. Conditional licenses are given for the following reasons:
- To get to and from your job.
- To allow you to go to an accredited school, college, university, technical training, or vocational school that you are already enrolled in.
- During business hours, if mandated by your job.
- To any activity or class part of the DDP program.
- From and to a doctor's office for appropriate treatment for a member of your family or you.
An experienced Bronx DWI defense attorney should be retained immediately because the consequences of even a first-time offense could follow you for many years and lead to problems in your life. Knowing the options available to you and giving you the protection afforded by an attorney should be a primary concern.