Being arrested for drinking and driving can be stressful — and navigating the legal process can be particularly overwhelming if you are unfamiliar with it. If you’re facing DWI charges, you likely have many questions about the potential consequences and penalties. The following are several of the most frequently asked questions regarding DWIs in New York.

Is a DWI a Misdemeanor or a Felony?

A DWI can be either a misdemeanor or felony in New York, depending on the circumstances. A first offense is usually charged as a misdemeanor, unless there are aggravating factors in the case. Aggravating factors that can make a DWI a felony can include a BAC of .18% or higher, driving with a revoked license, or causing an accident that resulted in injuries to another. A DWI can also be charged as a felony if you have a previous DWI conviction within 10 years, or you committed the offense with a child under 16 in the vehicle.

Will I Lose My License with a DWI?

Your license may be taken away for a certain amount of time if you are convicted of a DWI. You can also lose your driving privileges for a period of one year if you refuse to take the breath test — regardless of whether you are convicted in criminal court, the DMV can impose its own administrative penalties.

The length of time your license is revoked or suspended depends upon the specific facts and circumstances of your case:

• One year revocation — You can lose your license for one year if you were driving with a child under 16 in the vehicle, you were convicted of a second DWI offense within ten years, or you were driving with a BAC of .18% or higher.
• 18-month revocation — A second or third DWI within 10 years can result in license revocation for 18 months.
• 90-day suspension — Your license can be suspended for ninety days if you were convicted of the offense “Driving While Ability Impaired” (DWAI).
• Six-month revocation — You can face a six-month license revocation if you were convicted of a DWI with a.08% BAC or committed a DWAI within five years of any prior alcohol or drug-related violations.

In some instances, you may be able to apply for a hardship license that would allow you to travel to and from work or school.

What Happens if I Refuse a Breathalyzer Test?

New York has an implied consent law, which means you automatically consent to take a chemical test if a police officer stops you for a suspected DWI. If you refuse to take a breathalyzer test or any chemical test, the DMV imposes a minimum one-year license revocation and a civil penalty. However, you have the right to request a DMV refusal hearing to challenge the officer’s testimony — this is separate from your criminal case.

Will I Go to Jail for a DWI?

If you are convicted of a DWI, you could face jail time. A jail sentence of one year is possible for a first DWI, and the penalties can increase if there are aggravating factors present. A second DWI within ten years can lead to four years in jail. A third DWI within ten years has a maximum jail sentence of seven years.

Do I Need an Attorney?

A DWI can have a significant impact on your life and livelihood. With so much at stake, it’s crucial to have a skillful DWI attorney by your side who can protect your rights and mount a solid defense. An attorney will know how to challenge the evidence in the prosecution’s case, negotiate a plea deal, and help secure the best possible results in your case.

Contact an Experienced New York DWI Attorney

If you’ve been charged with a DWI, it’s essential to have the representation of an experienced criminal defense attorney who will fight for your rights. D’Emilia Law offers dedicated counsel for a wide range of criminal offenses, including DWIs, and works to achieve positive results in every case. To schedule a consultation, contact us at 1-888-DEMILIA.