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In New York, the offense of driving while intoxicated is classified as a criminal misdemeanor, as defined in Vehicle and Traffic Law Section 1192. The law states that an individual who operates a motor vehicle while under the influence of alcohol with a blood alcohol level of .08 or higher is guilty of this offense. A Bronx DWI Lawyer can explain that if you are convicted, it is a serious matter which can result in large fines, probation, and the possible loss of your driver’s license. This conviction will also be a permanent mark on your record. If you or a loved one has been charged with driving while under the influence, it is important that your rights are protected. Contact Stephen Bilkis & Associates, PLLC for legal guidance and a free consultation.
Our team has compiled some helpful information regarding three types of commonly seen DWI charges. They are distinguished by the intoxicant and the manner in which the defendant is tested for sobriety.
- 1192.1 Driving while ability impaired is violation, not a crime (DWAI .04-.07 BAC)
- 1192.2 Under Common Law-Testing for sobriety by examination and observation by police
- 1192.3 Scientific-Testing by breathalyzer, urine or blood
- 1192.4 Drugs-Driving under the influence of drugs, urine and blood testing, observation and statements of admission
Many different factors can influence sobriety levels in an individual. Of course the amount of alcohol consumed is crucial, but the person’s body weight can greatly influence sobriety levels as well. The amount of food eaten prior and during drinking can have an effect on blood alcohol levels, as well as the gender of the individual. As a general rule of thumb, the average person can metabolize an alcoholic drink in one hour, though this varies from person to person.
The sentencing guidelines for these offenses are as follows:
- 1192.1 DWAI-Driving while ability impaired carries a fine ranging from $300 to $500. There is a 90 day suspension of your driver’s license as well as a maximum of 15 days in jail.
- 1192.2 DWI-Driving while intoxicated carries a fine of between $500 to $1,000, a 6 month suspension of your driver’s license, and a jail term of up to one year.
- 1193.3 DWI-Under this code section, if convicted you could be facing a fine of between $500 to $1,000, a 6 month suspension of your driver’s license, and up to one year in jail.
- 1194.4 Driving while impaired from drugs-under this code section you could be facing a fine of $500 to $1,000, a one year jail term and a 6 months suspension of your driver’s license.
In the state of New York, the penalties for these offenses will depend on whether the charge is a misdemeanor or a felony. A first offense is normally classified as a misdemeanor offense. If you have had a similar charge within the past ten years, the crime will rise to a felony. The felony charge is usually brought under VTL Section 1192.2, and the charge is classified as a class “E” felony offense. The punishment will depend on the circumstances of the defendant’s particular case, but can include fines ranging from $1,000 to $5,000, jail time, probation, possible revocation of your license, and drinking/driver classes.
It is important to keep in mind that not all DWI charges are necessarily headed for trial. With the assistance of an experienced legal team, often times a plea bargain can be negotiated between your counsel and the District Attorney.
Contact our firm for legal advice and a free consultation at 1.800.NY.NY.LAW. We have offices to serve you throughout New York, including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island, and in Westchester County.