Being pulled over for a suspected Driving While Intoxicated (DWI) in New York can be a bad experience. If an officer suspects you’ve been drinking, they might request you to perform a field sobriety test. This typically includes tasks like standing on one leg or walking in a straight line to gauge your coordination and balance.
If you don’t pass the field sobriety test or if there are other reasons to suspect alcohol impairment, the officer might then administer a breathalyzer test. This device measures the alcohol concentration in your breath to determine if it exceeds the legal limit.
In some cases, especially when a breathalyzer test is inconclusive or if drugs are suspected, you may be taken to a medical facility for a blood test. This test can provide a more accurate measurement of alcohol or drug levels in your system.
You might think, “Can I refuse these tests?” In New York, like many other states, you technically have the right to decline these tests. However, refusing a DWI test can incur penalties, including a mandatory license suspension and fines. Your refusal can also be used as evidence against you in court.
What Is the Penalty for a DWI Charge?
The penalty for a DWI charge in New York depends on the type of offense, the level of impairment, and the number of prior convictions. Here is a summary of the possible penalties for a DWI charge in New York.
DWI (driving while intoxicated) or DWI per se (driving with a blood alcohol content of 0.08% or higher) are misdemeanors for a first offense and felonies for a second or third offense within 10 years. The penalties include a fine of $500 to $10,000, a jail term of up to one year for a first offense and up to seven years for a second or third offense, and a license revocation of at least six months for a first offense and at least one year for a second or third offense. Additionally, the offender must install an ignition interlock device (IID) for at least one year and pay a driver responsibility assessment of $250 annually for three years.
Aggravated DWI (driving with a blood alcohol content of 0.18% or higher) is also a misdemeanor for a first offense and a felony for a second or third offense within 10 years. The penalties are similar to those for DWI, except that the fine is $1,000 to $10,000, the jail term is up to one year for a first offense and up to seven years for a second or third offense, and the license revocation is at least one year for a first offense and at least 18 months for a second or third offense.
DWAI (driving while ability impaired) by alcohol, drugs, or a combination of both are infractions for a first or second offense and misdemeanors for a third offense within 10 years. The penalties include a fine of $300 to $1,500, a jail term of up to 15 days for a first offense, up to 30 days for a second offense, and up to 180 days for a third offense, and a license suspension of 90 days for a first offense, a license revocation of six months for a second offense, and a license revocation of six months for a third offense. The offender must also pay a driver responsibility assessment of $250 annually for three years.
The Zero Tolerance Law (driving with a blood alcohol content of 0.02% to 0.07% for drivers under 21 years of age) is not a criminal offense but a civil penalty. The penalty is a license suspension of six months for a first violation and a license revocation of one year or until the driver turns 21, whichever is longer, for a second violation within five years. The offender must also pay a $125 civil penalty and a $100 fee to terminate the suspension or revocation.
Chemical test refusal (refusing to take a breath, blood, or urine test to determine the level of impairment) is also not a criminal offense but a civil penalty. The penalty is a license revocation of at least one year for a first refusal, at least 18 months for a second refusal within five years, and at least 18 months for a third refusal within 10 years. The offender must also pay a $500 civil penalty for a first refusal, a $750 civil penalty for a second or third refusal, and a driver responsibility assessment of $250 per year for three years.
Please remember that driving while impaired is a serious offense that can endanger your life and the lives of others. If you need legal assistance, please consult a qualified attorney.
Preventing DWI Incidents in New York
Making informed decisions about alcohol consumption and driving is key to ensuring the safety of everyone on the road. Here are several strategies to consider.
Designate a Sober Driver
Before you head out for an evening of fun, it’s wise to plan. Deciding who among your group will abstain from drinking ensures a safe ride home for everyone. Rotating the responsibility can be a fair approach if you often go out with the same group. It can be a gesture of gratitude to treat the designated driver to their non-alcoholic beverages or meals as a token of appreciation.
Use Ride-Sharing Apps or Taxis
With the convenience of modern technology, apps like Uber and Lyft have become invaluable. Ensure you have these apps on your phone before heading out. Alternatively, saving local taxi service numbers can provide a quick solution in areas with limited internet access.
Stay Overnight
If you’re attending an event or a party where drinks are served, it might be worthwhile to consider staying the night. This prevents any temptation to drive after consuming alcohol. Being prepared by keeping a small overnight bag in your car or letting your host know your intentions can smoothen the process.
Consume Responsibly
Everyone’s relationship with alcohol is different. Knowing your personal limits and adhering to them can be life-saving. Consuming food before drinking, pacing your alcoholic beverages, and interspersing them with water can help reduce the risk of impairment.
Utilize Alcohol Monitoring Tools
Portable personal breathalyzers can be valuable in gauging your blood alcohol content. Additionally, smartphone apps are designed to estimate BAC based on various factors. Having these at hand can offer an extra layer of reassurance.
Educate and Advocate
Spreading awareness within your social circle about the dangers of driving under the influence can have a ripple effect.
Do I Need a Lawyer for Help?
While you can technically represent yourself in a DWI case, the intricacies of New York DWI laws and the potentially severe consequences mean having experienced representation is necessary. An attorney can guide you through the legal process, potentially challenge evidence, and work toward the best possible outcome for your situation.
If you find yourself facing a DWI charge in New York, don’t wait. Seek assistance promptly. Find a dedicated New York DWI attorney to represent and advise you through LegalMatch. Our platform connects you with experienced lawyers who handle DWI cases. Don’t face this challenge alone; let LegalMatch find the right attorney.
