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A Brooklyn DUI Lawyer can tell you that being stopped for a DWI in New York is an unsettling experience to say the least. You likely have many questions and are wondering what type of legal consequences you will be facing. This offense in New York is defined as operating a vehicle with a blood alcohol level of .08% or higher. It is important to speak with the legal team from Stephen Bilkis & Associates, PLLC for guidance promptly. If convicted, the legal consequences of this offense can be serious, and include possible jail time, large fines, probation and the potential loss of your driver’s license.
Our legal team knows that there are many variables that come into play with this offense. Not only is the amount of alcohol consumed important, but also the time frame within which it was consumed. Whether the suspect had eaten recently, their gender and their body size also can greatly influence blood alcohol levels.
The most commonly seen charges are:
DWI: You can be charged with this offense if you operate a motor vehicle with a blood alcohol of .08% or higher.
Aggravated DWI: If you operate a vehicle with a blood alcohol of over .18% you can be charged with this offense.
DWAI: If you operate a vehicle with a blood alcohol level of between .05% to .07%, you can be charged with this offense (driving while ability impaired).
DWAI/Drugs Related: You can also receive this charge if you are found to be impaired by drugs of any type.
Being convicted of this charge is a serious matter, and can bring substantial legal consequences:
DWI: This charge is a misdemeanor offense. It is punishable by a fine of up to $1,000., and a maximum of one year in jail, as well as a 6-month suspension of your driver’s license. A second charge within the last ten years will be considered a class E felony charge. A felony charge will enhance the penalties and will be considered a permanent mark on your criminal record. It is important to note that this permanent mark cannot be removed via expungment. Expungement is the process of petitioning the court to set aside your conviction and dismiss your case, which removes the crime from your permanent record.
DWAI: The charge of driving while ability impaired is a traffic infraction, and is not reflected on your permanent record. A first offense is punishable by a maximum of 15 days in jail, and/or a fine of $300 -$500 and a 90 day license suspension. A second offense within 5 years is punishable by a maximum of 30 days in jail, and/or a $500.-$750. find, a 6-month license revocation.
It is important for a defendant to be aware that all charges do not necessarily end up in court. Often a plea bargain can be agreed upon between the prosecutor and defense counsel, but it is important to take prompt action to ensure that your legal rights are protected.
Being charged with this offense can be a confusing experience. It is important to give yourself every chance for a positive outcome and speak with our team. We will create an effective defense strategy and ensure that your rights are protected. Contact us today for sound legal guidance and a free consultation. We have offices throughout New York to serve you including offices in Suffolk County and Nassau County on Long Island, and Westchester County. In New York City, we have locations in Queens, Manhattan, Staten Island, the Bronx and Brooklyn. Call us today to schedule an appointment at 1.800.NY.NY.LAW.