Driving under the influence is not only a dangerous act that puts both the driver and innocent lives at risk, but it is also a serious legal offense. As time has gone on, these cases have been prosecuted more aggressively than in years past. In this post, we’re going to look at the potential consequences one might face if convicted for a violation of Vehicle and Traffic Law 1192(2), (3), etc., Driving While Intoxicated (DWI) in New York.
The First Offense and its Consequences
If an individual is convicted of a DWI for the first time in New York, they may face substantial penalties. These can include fines ranging from $500 to $1,000, a potential jail sentence of up to one year, and a mandatory license revocation for a minimum period of six months. The intention is to penalize the risky behavior and dissuade future instances of the same.
Increased Penalties for Repeat Offenses
The state of New York has increased penalties for individuals who commit the same offense within a span of ten years. Upon a second DWI offense, the fines can rise to between $1,000 and $5,000. Moreover, the offender must serve a mandatory minimum of five days in jail or 30 days of community service. In certain cases, a second-time offender may face imprisonment for up to four years. The period of license revocation also extends to at least one year.
If the same individual commits a third DWI offense within ten years, the fines can soar to between $2,000 and $10,000. This comes with a mandatory minimum of 10 days in jail or 60 days of community service, with a possibility of imprisonment for up to seven years. License revocation will last for at least one year.
Additional Measures: Ignition Interlock Devices
Regardless of the number of offenses, all convicted DWI offenders may be required to install and maintain an ignition interlock device in any vehicle they own or operate. This device requires the driver to provide a breath sample and prevents the vehicle from starting if the driver’s blood alcohol content (BAC) is above a certain level.
The Severity of Aggravated DWI and Leandra’s Law
There are varying levels of intoxicated driving offenses, with Aggravated DWI being on the more severe end of the scale. Additionally, DWI with a child passenger, a violation of what’s known as Leandra’s Law, is a class E felony and carries further significant penalties.
Conclusion
The DWI penalties in New York are designed to deter drivers from making the dangerous decision to drink and drive. However, these laws may change, and the specific circumstances of the offense – such as the driver’s BAC, whether the DWI resulted in injury or death, and the age of the driver – can significantly impact the penalties and the outcome of a criminal defense case.
As such, the information provided here, may be outdated. Therefore, consulting a legal professional for the most current information is highly advised.
Always remember: the best way to avoid these penalties is to never drink and drive. Instead, opt for a designated driver, use public transportation, or hire a taxi or rideshare service to ensure everyone’s safety on the road. However, if you do find yourself facing a DUI/DWI charge in New York, you may contact David Arpino for assistance in defending your case.