Driving while intoxicated is a serious offense that can carry severe penalties, including jail time, monetary fines, and license revocation. Since the circumstances surrounding every case are unique, DWIs can be complex. While a knowledgeable attorney can best advise you regarding your case, it’s essential to understand the nuances of the DWI laws in New York — and how to protect your rights.
Here are five things to know about DWIs in New York:
1. You Can Face DWI Charges if Your BAC is Below .08%
Although the blood alcohol content (BAC) threshold in New York is .08%, there are certain situations where a DWI can be charged if an individual has a lower BAC. These include the following:
- Underage drivers — Drivers under the age of 21 are subject to New York’s Zero Tolerance law. This prohibits underage drivers from operating a vehicle with a BAC of .02% or higher.
- DWAI — Drivers over 21 can be charged with “Driving While Ability Impaired” (DWAI) for operating a vehicle with a BAC between .05% and .07%.
- Commercial drivers — A lower BAC is imposed by law for commercial drivers. A CDL holder can be charged with driving while intoxicated if their BAC is .04% or higher.
A driver with a lower BAC can also be charged with a DWI if the officer observes visible signs of impairment.
2. You Can Be Charged with Driving While Ability Impaired for Drugs
Although it is a separate offense from an alcohol-related DWI, you can be charged with Driving While Ability Impaired (DWAI) by Drugs if you operated a vehicle while under the influence of a controlled substance. The standard for DWAI-drugs is lower than that of a DWI for alcohol. The prosecution only needs to prove that your ability to drive was impaired, not that you were legally intoxicated. Critically, there is no BAC test that determines impairment by drugs — these cases rely primarily on the observations of the arresting officer.
3. You Can Be Convicted of a DWI Solely Based on a Chemical Test
If a chemical test reveals your BAC was .08% or higher, you can be charged with a per se DWI. In these cases, the prosecution does not need to prove that your ability to drive was actually impaired. The results of the chemical test itself are the only proof required for a conviction. This is why it’s crucial to hire a skilled criminal defense attorney who knows how to challenge the BAC test and the device used to administer it.
4. You Can Face More Severe Penalties if Your BAC is .18% or Higher
If you were found to be driving with a BAC of .18% or higher, you can be charged with Aggravated Driving While Intoxicated. The consequences imposed depend on whether it is a first or subsequent offense. A first aggravated DWI is charged as a misdemeanor and can lead to a sentence of one year in jail, a monetary fine between $1,000 and $2,500, and license revocation for one year. A second aggravated DWI within 10 years can be charged as a felony, potentially leading to a jail sentence of four years, a $5,000 fine, three years of probation, and license revocation for a minimum of 18 months.
5. The DWI Lookback Period Depends Upon the Situation
In New York, the DWI look-back period is typically 10 years for the purpose of establishing whether a subsequent offense should be classified as a second, third, or greater DWI. However, two convictions within a period of five years can result in more severe consequences. In addition, the Department of Motor Vehicles applies a 25-year look-back period to assess license reinstatement and administrative revocation matters. Multiple offenses within this time frame can potentially lead to the DMV denying or restricting relicensing.
Contact an Experienced New York DWI Attorney
If you have been accused of a DWI, it’s vital to have a diligent criminal defense attorney who can fight for your rights. The attorneys at D’Emilia Law offer trusted representation and aggressive advocacy to those facing DWI charges and work to obtain the best possible results in every case. To schedule a consultation, contact us at 1-888-DEMILIA.
