Penalties and Sentencing

In New York, an arrest for driving while intoxicated (DWI) can lead to the loss of driving privileges, a hefty fine, and even jail time. The specific alcohol or drug-related driving violation charged, in addition to the prior record of the defendant, can affect the final sentence imposed upon a conviction. At Tilem & Associates, our Westchester County DWI lawyers can navigate you through these criminal proceedings and inform you of your legal options and the attendant consequences. With an office centrally located in White Plains, we can easily assist people throughout the New York City region. We are capable of handling drunk driving cases at all levels, ranging from a first-time offense to a DWI causing a death, and we can advise you on DWI penalties and sentencing.

New York has several categories of DWI offenses. Generally, the penalties associated with DWI offenses will include a mandatory fine and a revocation or suspension of your driver’s license. A suspension removes your driving privileges for a period of time. A revocation, however, effectively cancels your license, and you will be required to get a new license after the revocation period. More serious violations may result in jail time. Feel free to explore the following overview of DWI penalties and sentencing for commonly charged offenses.

A New York DWI violation occurs when a driver has a .08 or higher Blood Alcohol Content (BAC), or when there is other sufficient evidence of intoxication. The mandatory penalties include a fine ranging from $500 to $1,000 and a license revocation for a period of six months or longer. A potential jail term is limited to one year or less. A second DWI violation within 10 years results in a minimum fine of $1,000 and a mandatory one-year revocation of driving privileges, with a possible maximum jail sentence of four years. For a third DWI violation in 10 years, the minimum fine increases to $2,000 with a mandatory one-year license revocation, as well as potential jail time of up to seven years. A period of Probation is also a possible sentence.

A DWAI violation occurs when a driver’s BAC is greater than .05 but less than .07, or when there is other evidence of impairment. The mandatory penalties are a fine between $300 and $500 as well as a 90-day license suspension, with a possible jail term limited to 15 days. A second DWAI within five years results in a $500 to $750 fine and a license revocation for six months, with a possible jail term limited to 30 days.

A driver with a .18 BAC or higher can be charged with an aggravated DWI. The mandatory penalties are a fine of $1,000 to $2,500 and a license revocation for a minimum of one year. A one-year maximum jail term could be imposed as well. A second aggravated DWI in 10 years results in a fine of $1,000 to $5,000 and an 18-month revocation. The maximum jail term is four years.

There are a number of distinct offenses related to driving while impaired by drugs or a combination of drugs and alcohol. Many of the penalties above will vary if the DWI offense involves minors, drugs, or controlled substances, although they all include a mandatory fine, a license revocation or suspension, and potential jail time. Moreover, additional penalties may be imposed in certain circumstances, particularly if there are multiple prior offenses. A knowledgeable criminal attorney can explain the DWI penalties and sentencing associated with your specific case in more detail.

Understanding the consequences of a drunk driving charge can help you make a wise decision for your future. At Tilem & Associates, our Westchester County attorneys have more than 25 years of experience representing people in criminal cases. We serve areas across New York City, as well as Bronx, Queens, Kings, Richmond, Rockland, Nassau, Suffolk, and Putnam Counties. Seek guidance from a drunk driving attorney by calling Tilem & Associates at 877-377-8666 or contacting us online to schedule your appointment.