Arrested For Driving While Intoxicated?
Being convicted of driving while intoxicated in the State of New York can lead to serious consequences. Drivers convicted of a DWI in New York often face expensive fines, a suspended driver’s license, a permanent criminal record and other repercussions.
Fortunately, a DWI arrest does not always result in a DWI conviction.
Get The Legal Help You Need After A DWI Arrest
The experienced DWI defense attorneys at DUILegalNY.com represent drivers who have been arrested on intoxicated driving charges in New York. Over the years we have helped countless drivers fight their DWI arrests to obtain favorable outcomes including reduced charges and penalties, as well as dropped charges in many cases.
Read below to learn more about New York DWI laws or contact us for a free consultation with our friendly legal team to learn about how you can challenge your DWI arrest.
What To Know About DWI Laws In New York
DWI is an acronym for “driving while intoxicated,” which refers to the act of operating a motor vehicle under the influence of alcohol and/or controlled substances. Driving while intoxicated is considered a criminal offense in the State of New York that can come with serious penalties. We answer some of the most common DWI-related questions in New York below.
What Is The Legal Limit In New York?
Operating a motor vehicle after consuming alcohol is not necessarily illegal in New York. However, operating a motor vehicle after consuming too much alcohol is illegal.
The State of New York has strict legal limits (measured in blood alcohol content or BAC) that define exactly what a DWI offense is. The legal limit for standard motorists in New York is 0.08% BAC or higher. In other words, a driver with a BAC of 0.08% or higher is considered to be over the legal limit for operating a motor vehicle and can be arrested for DWI.
It is important to know that the legal limit varies for different types of drivers. For example, the legal limit for drivers of commercial motor vehicles is 0.04% BAC or higher. Drivers under the age of 21 are subject to New York’s zero tolerance policy which means that they can be arrested for DWI with a BAC of 0.02% or more.
What Is The Difference Between DUI and DWI?
DUI is an acronym for “driving under the influence” and is used in many states to refer to the criminal offense of operating a motor vehicle under the influence of alcohol and/or drugs. The term DWI stands for “driving while intoxicated” or “driving while impaired,” which both refer to the act of operating a motor vehicle under the influence of alcohol and/or drugs.
The official term used in New York to refer to the act of operating a vehicle under the influence of alcohol is “driving while intoxicated” or “DWI,” but the terms DUI and DWI are often used interchangeably.
Is A DWI A Felony?
A felony is generally considered a very serious crime and is punishable with a prison sentence of more than one year. Individuals convicted of a felony are referred to as “felons” or “convicted felons” and have a permanent record that can negatively affect their future.
On the other hand, a misdemeanor is generally considered to be a lesser crime punishable by up to one year of imprisonment.
A DWI can be considered a misdemeanor or a felony depending on the circumstances of the case. For example, individuals arrested on DWI charges for the first time generally face misdemeanor DWI charges.
However, if you were convicted of driving while intoxicated within the past 10 years and you are subsequently arrested on DWI charges a second time, then your second DWI can be prosecuted for a felony DWI. Similarly, if it is determined that your DWI resulted in harming a person or a structure then a felony charge could be applied.
Prosecutors in New York are known for prosecuting suspects to the fullest extent of the law so it is important to consult an experienced lawyer if you are facing felony charges for your DWI.
Penalties For A DWI Conviction
New York has very strict penalties for individuals convicted of drunk driving. A DWI conviction in New York can result in a mandatory license suspension, expensive fines, possible jail time and other consequences.
The penalties that you incur for a DWI conviction will depend on several factors including your alleged blood alcohol concentration and any prior DWI convictions on your record.
However, a standard DWI conviction will usually result in a mandatory fine of $500 – $1,000 and a minimum 6 month license suspension.
For more information on the penalties associated with a DWI conviction in New York, click here.
Legal Options After A DWI Arrest
Too many drivers arrested on suspicion of DWI simply plead guilty to the charges without considering alternative legal options. Our DWI defense attorneys have helped many clients successfully challenge their DUI arrests over the years – now it’s your turn.
Challenging Your DWI
Many drivers arrested on drunk driving charges mistakenly believe that their only legal option is to plead guilty to the charges and accept the full consequences of a conviction. However, there are many other options to be considered before simply pleading guilty.
Challenging a DWI arrest is never easy, but with the help of an experienced DWI defense attorney it is possible to challenge a DWI arrest and obtain a reduction in charges and/or penalties.
Negotiating A Plea Bargain
In addition to challenging your DWI arrest it may be possible to negotiate a plea bargain to obtain a favorable outcome. A plea bargain is an agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty to the charges in exchange for a reduction in charges or a lesser sentencing.
In other words, it may be possible to plead guilty to the original charges against you and still get a reduction in charges and/or penalties.
Consult A New York DWI Lawyer
Were you or a loved one arrest on DWI charges in New York? The consequences of a DWI conviction can negatively affect you for the rest of your life. That is why it is so important to contact an experienced DUI defense lawyer to learn about your legal options before proceeding.
The last thing you want to do is plead guilty to DWI charges without considering all of your legal options. Our New York DWI lawyers are ready to defend for your rights and fight for you to obtain the best possible outcome.
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Contact us today for a free consultation to learn about all of your legal options.