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Driving while intoxicated from alcohol and/or drugs is a serious offense in New York. Retain the services of an New York DWI attorney knowledgeable about the legal complexities, scientific factors, and technical aspects of DUI law. At Martin A. Kron & Associates, P.C., we have the requisite experience and skill to investigate all angles of your arrest and build a defense strategy designed to give you the best possible chance for a favorable result.
DUI/DWI Charges in New York
The terms DUI and DWI are used interchangeably in New York and refer to the same offense. The official title of the offense, however, is driving while intoxicated (DWI). If your blood alcohol concentration (BAC) measures .08 percent or higher you can be charged with DWI. You can also be charged if a police officer observes visible signs of intoxication without the results of a breathalyzer test or if such a test measures under .08 percent.
Visible signs of intoxication—such as slurred speech, bloodshot eyes, or the perceptible smell of alcohol—constitute probable cause for an arrest. Driving with a BAC level of .02 to .07 percent can also lead to the charge of driving while ability-impaired, which has its own set of penalties. Driving with a BAC that measures or exceeds .18 percent is charged as aggravated DWI, which is the most serious of all DWI charges.
A first-offense conviction for DWI carries the following penalties, dependent on your BAC level:
- A fine ranging from $300 to $2,500
- Surcharges ranging from $260 to $400
- Jail sentences ranging from 15 days up to a year
- Loss of your license from 6 months up to a year
Second and subsequent convictions will lead to stiffer fines, lengthier incarceration, and longer license revocations. For example, a third offense can result in fines of up to $10,000 and seven years of incarceration. You will also face increased insurance premiums, a permanent criminal record, and the potential for the installation of an ignition interlock device on your vehicle.
How Harsh Are Penalties for DWIs in New York?
A DWI has the potential to be a felony or a misdemeanor, but the one you'll face depends on a number of factors. For example, if someone was hurt or killed, it's much more likely that you'll face a felony, while a first-time offense might be categorized as a misdemeanor.
The penalties and charges you face will always depend on how many times you've been convicted of drinking and driving and how high your blood alcohol content (BAC) was at the time of your traffic stop. Some typical charges include:
- Aggravated DWI charges for BACs over .18%
- Driving while ability impaired charges for a BAC of .05 or higher but below .07%
- Driving while intoxicated charges, which are used for BACs of .08% in most cases
There are many other categorizations as well.
What kinds of penalties do you face for a DWI in New York?
Some common penalties for a DWI include up to a year in jail and up to $1,000 in fines for a person's first violation, up to four years in jail and up to $5,000 in penalties for a second offense and up to $10,000 in fines with up to seven years in jail for three offenses in 10 years.
If you are stopped by the police and face DWI charges, it's essential that you know your rights and begin working to prevent unfair treatment. Your New York DWI attorney will help you fight for alternative penalties and reduced charges so that you can protect your reputation and freedoms. The right help can make a difference in your case and how it affects you in the future.
Field Sobriety Tests
The Standardized Field Sobriety Test (SFST) is made of up 3 individual tests:
- Horizontal Gaze Nystagmus (HGN) test - In this test the officer will observe the eyes of the person in question as they slowly move a pen or small object back and forth to look for indicators in each eye that the person is intoxicated.
- Walk-and-turn test - In this test, the officer instructs the person to take nine steps, in a straight line and the return back. The officer is looking for signs that the person is impaired such as not being able to keep their balance or not following the instructions properly.
- One-leg stand test - In this test, the officer instructs the person to stand with one foot off the ground and hold it for about 30 seconds. The officer looks for signs of impairment such as swaying, hoping or using their arms to balance.
Get Defense from a New York DUI/DWI Lawyer
Martin A. Kron & Associates, P.C. offers the sound legal advice and aggressive defense you will need as you face a DWI charge. You can rely on our honesty, integrity, and thorough commitment to excellence. Take advantage of our extensive experience and knowledge by contacting us as soon as possible following any DWI arrest.
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