DEDICATED BUFFALO DWI LAWYER DREW FRITSCH OUTLINES THE DWI PENALTIES THAT COULD FOLLOW A CONVICTION IN NEW YORK.
Driving While Intoxicated, more commonly known by the acronym of DWI, is a crime in the state of New York with very real consequences. Getting behind the wheel of a car after drinking poses a danger not just to yourself but also to all the passengers in your vehicle and all other drivers on the road. There are several different levels of DWI; aggravated DWI involves either drunk driving with a minor in the car or with a blood alcohol content (BAC) of at least 0.18%, while a Driving While Ability Impaired (DWAI) charge follows a BAC of 0.05% to 0.07%. Every level, though, is a serious offense, each with its own legal consequences.
Drivers who have been charged with and convicted of DWI, DWAI, or aggravated DWI can expect the following DWI penalties for a first offense:
1. FINES CAN COST SEVERAL HUNDREDS OF DOLLARS
For a DWAI charge, which is a traffic violation and thus less serious, the fine will be between $300 and $500. The more grievous misdemeanor of DWI carries with it instead a fine between $300 and $5,000; the DWI penalties may be up to ten times that of a DWAI charge. An aggravated DWI, however, is even costlier, with a fine between $1,000 and $2,500 to be expected.
2. YOUR LICENSE WILL BE SUSPENDED FOR AT LEAST THREE MONTHS.
A reasonable consequence of any type of DUI charge is the suspension of a driver's license, though the length of revocation is relative to the offense. A DWAI typically results in a suspension of driving privileges for 90 days, though there are different repercussions for drivers under the age of 21 years and those with commercial driver's licenses. For a DWI charge, the suspension will last between 15 days and four years, and though an aggressive DWI incurs a lesser revocation of six to 12 months, this charge also mandates three years of probation. Individuals with commercial driver's licenses will face a suspension of at least one year.
3. THERE MAY BE JAIL TIME.
A DWAI conviction may necessitate a fine, jail time, or both. When jail time is included in a sentence, it lasts up to 15 days. For an aggressive DWI, a convicted driver will have to spend up to one full year in jail. A standard DWI, however, carries with it a rather broad range of jail time: between 15 days and four years. If a DWI charge happens to be an individual's first offense, jail time is far less likely, but a judge may be more inclined to impose jail sentences if there was an accident, if a minor was in the car, or if the BAC reading was well above the legal limit.
4. YOU WILL HAVE TO EXHALE INTO A TUBE IN ORDER TO DRIVE.
One chief consequence of a DWI conviction is the mandatory installation and maintenance of an IID, or ignition interlock device. An IID functions similarly to a breathalyzer in that they both estimate an individual's blood alcohol content, but an IID is wired into a car's ignition. If you have drunk alcohol and you blow into the IID in your car, the car will not start. The body in charge of your case will also be notified if a BAC is detected by an IID, which means that anything other than total sobriety after a DWI conviction will have legal ramifications.
5. THERE WILL BE ADDITIONAL FEES.
A driver with DWI penalties will be responsible for all fees related to the installation and maintenance of an IID. Though those convicted of DWAI will not be required to use an IID, there are nevertheless additional expenses that they are mandated to pay. Individuals with DWAI convictions will have to pay a surcharge of $255 as well as a fee known as a driver responsibility assessment, which costs $250 a year for three years.
If you have been charged with DWI, DWAI, or aggravated DWI, you should consult a Buffalo DWI lawyer with experience trial experience in order to fight the conviction. Buffalo DWI lawyer Drew Fritsch will work to reduce or eliminate the charges; a judge can be convinced to diminish a DWI misdemeanor to a DWAI violation if you have the right legal counsel. There is no excuse for driving while intoxicated, but if you believe that you do not deserve the charges levied against you, reach out to Buffalo DWI lawyer Drew Fritsch as soon as you can.