BROOKLYN DWI DEFENSE LAWYER

In New York, a person can be charged with driving while intoxicated (DWI) if he/she is operating a vehicle with a blood alcohol content (BAC) of at least .08 percent. However, the BAC limit for commercial drivers is .04 percent, while the limit for underage drivers (under 21 years of age) is .02 percent.

If a driver’s BAC is .18 percent or higher, he/she can be charged with aggravated DWI. Additionally, if a driver’s BAC is between over .05 percent and less than .07 percent, he/she can be charged with driving while ability impaired (DWAI) by alcohol.

The following is a breakdown of the DWI and DWAI penalties in NY:

• First DWI or DWAI by a Single Drug – A misdemeanor, punishable by a maximum jail sentence of one (1) year, license revocation for at least six (6) months, and a fine of up to $1,000.

• First Aggravated DWI – A misdemeanor, punishable by a maximum jail sentence of one (1) year, license revocation for at least one (1) year, and a fine of up to $2,500.

• First DWAI by Alcohol – A misdemeanor, punishable by a maximum jail sentence of 15 days, license suspension for 90 days, and a fine of up to $500.

• First Underage DWI – License suspension for six (6) months, fine of up to $125, and no jail time.

• Second DWI or DWAI-Drug in 10 Years – A Class E felony, punishable by a maximum prison sentence of four (4) years, license revocation for at least one (1) year, and a fine of up to $5,000.

• Second Aggravated DWI in 10 Years – A Class E felony, punishable by a maximum prison sentence of four (4) years, license revocation for at least 18 months, and a fine of up to $5,000.

• Second DWAI by Alcohol in 5 Years – A misdemeanor, punishable by maximum jail sentence of 30 days, license revocation for at least six (6) months, and a fine of up to $750.

• Second Underage DWI – License revocation until the defendant turns 21 years old, a fine of up to $125, and no jail time.

• Third DWA or DWAI-Drug in 10 Years – A Class D felony, punishable by a maximum prison sentence of seven (7) years, license revocation for at least one (1) year, and a fine of up to $10,000.

• Third Aggravated DWI in 10 years – A Class D felony, punishable by a maximum prison sentence of seven (7) years, license revocation for at least 18 months, and a fine of up to $10,000.

• Third or Subsequent DWAI in 10 years – A misdemeanor, punishable by a maximum jail sentence of 180 days, license revocation for at least six (6) months, and a fine of up to $1,500.