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In New York, driving while intoxicated (DWI) is classified as a misdemeanor, as outlined in Vehicle and Traffic Law section 1192. This law says that an individual who operates a vehicle under the influence of alcohol with a blood alcohol of .08 or more is guilty of a DWI. If you are convicted, a New York DWI Lawyer will tell you that this is a serious matter, and carries large fines, possible jail time and potential loss of your driver’s license. A DWI conviction is also marked on your permanent record. It is also important to know that there is no expungement for a driving while intoxicated conviction in New York. If you or a loved one has been charged with this offense, it is important to seek legal guidance as soon as possible. Contact the legal team at Stephen Bilkis & Associates, PLLC promptly for sound advice and a free consultation.
Our team has compiled some basic information regarding DWI charges:Misdemeanor Offense1192.1 Driving while ability impaired is a violation, not a crime (DWAI .04-.07 BAC);
- 1192.2 Common Law-Examination by police officer and test for level of sobriety;
- 1192.3 Scientific-Test by breathalyzer, urine or blood;
- 1192.4 Drugs-Pertains to driving while under the influence of drugs, blood or urine test, observation and statement of admission.
There are various ways someone can be charged and convicted of this crime. The amount of alcohol consumed is a factor, and in how much time, along with the driver’s weight. Other factors can include what food the driver consumed before and during drinking, and the quantity. Whether the driver was male or female can also influence blood alcohol levels. It is important to know that the average person can metabolize a drink in one hour, although this varies substantially from person to person.
The sentencing guidelines are as follows:
- 1192.1 DWAI Driving While Ability Impaired-carries a monetary fine of between $300 to $500, as well as a 90 day license suspension and maximum 15 day jail term.
- 1192.2 DWI Driving While Intoxicated-carries a monetary fine of $500-$1,000, a 6 month license suspension and maximum one year jail term.
- 1192.3 DWI Driving While Intoxicated-carries a fine of $500 to $1,000, license suspension for a period of 6 months and up to one year in jail.
- 1192.4 Driving While Impaired by Drugs can bring fines of between $500 to $1,000, a maximum jail term of one year and 6 month driver’s license suspension.
In the state of New York, the sentences associated with this crime will depend on whether you are charged with an either a misdemeanor of felony offense. If this is your first offense, your charge will most likely considered a misdemeanor. However if you have been previously charged with driving while under the influence within the past 10 years, the offense will be considered a felony. If you are charged with a felony, the charge is brought under VTL Section 1192.2, the charge is classified as a class “E” felony offense. The sentence will depend on the particular circumstances of the offense, but can include jail time, 5 years probation and a fine that can range from $1,000 to $5,000, as well as revocation of your driver’s license and mandatory drinking/driver classes.
It is important to remember that not every charge will end up in a court trial. With the assistance of a qualified legal team, often a plea bargain can be arranged between the District Attorney and defense counsel. However it is important to take immediate action after you have been charged and contact us without delay.
Contact us for sound advice and a free consultation at 1.800.NY.NY.LAW. We have locations to serve you throughout New York, including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have locations in Suffolk County and Nassau County on Long Island and Westchester County.