Staten Island DWI
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In NY, the offense of driving while intoxicated (DWI) is a misdemeanor, pursuant to Vehicle and Traffic Law section 1192. A misdemeanor is any crime that is punishable by up to one year in prison. This law states that anyone who operates a vehicle under the influence of alcohol with a blood alcohol level or higher is guilty of a DWI. A New York DWI Lawyer can explain that this offense is serious. If you are convicted, you may be facing jail time, the loss of your driver’s license, fines and probation. It is also a mark on your permanent record. If you have been charged with a DWI, it is important to seek legal guidance as soon as possible. Speak with the skilled legal team at Stephen Bilkis & Associates, PLLC for guidance.
Our team has complied information regarding DWI offenses. They are categorized by the intoxicant involved and the manner in which the suspect is tested.
1192.1 Driving while ability impaired is not a crime per se, but is a violation (DWAI .04-.07 BAC).
1192.2 Common Law-The test for the defendant’s level of sobriety is by examination and observation by the police officer.
1192.3 Scientific Testing-Tests conducted by breathalyzer, blood or urine tests.
1192.4 Drugs-This law involves driving under the influence of drugs, observation by police, blood or urine tests, and statements of admission.
There are many different ways a defendant can be charged with this crime. The amount of alcohol consumed is an important variable, but also the driver’s body weight, sex, and amount of food consumed prior to drinking can all be an influence. On the average, a person of average size can metabolize one drink per hour.
According to our legal team, the sentencing guidelines for these offenses are as follows:
1192.1 Driving While Ability Impaired (DWAI) can carry a fine of between $300 to $500. There will also be a 90 suspension of your driver’s licenses and a possible maximum fine jail term of 15 days.
1192.2 Driving While Intoxicated can carry 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.
1192.3 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.
1192.4 Driving While Impaired by Drugs can carry a fine of between $500 to $1,000, a jail term of up to one year and a 6 month license suspension.
In the state of New York, the punishment associated with these offenses will depend on whether you are charged with a misdemeanor or a felony charge. A first DWI offense is considered a misdemeanor. If however this is a second offense within the past 10 years, the crime will rise to the level of a felony. A felony offense is commonly brought under VTL section 1192.2, and will be considered a class E felony. If convicted, the punishment for this offense will depend on the particular circumstances of the defendant’s case but can include fines of $1,000 to $5,000, 5 years probation, jail, possible revocation of your driver’s license and mandatory attendance of a drinking/driver program.
It is important to know that not every DWI charge is necessarily headed for court. With the assistance of an experienced legal team, often a plea bargain can be negotiated. This is why it is so important to contact legal counsel as early on in your legal case as possible.
Contact our firm for legal advice and a free consultation. 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 Suffolk County and Nassau County on Long Island, and Westchester County. Call us today to schedule your free appointment at 1.800.NY.NY.LAW.