Rye Brook DWI Lawyers
- Pettinella, John:
DRIVING WHILE ABILITY IMPAIRED - DWAI
VTL 1192(1)
A person may be charged with DWAI in New York State when the personŐs Blood Alcohol Content (BAC) is between .05 and .07 or where a police officer determines by other evidence that the person is impaired.
1st Offense: Fines of $300-$500 plus surcharges, potential of 15 days jail, 90 day license suspension and potential registration suspension.
2nd Offense: Fines of $500-$750 plus surcharges, potential of up to 30 days in jail, 6 month license revocation, and potential registration revocation.
3rd Offense: Fines of $750-$1500 plus surcharges, potential of up to 180 days in jail, potential 3 years probation, 6 month license revocation, potential registration revocation. A 3rd or subsequent 1192(1) conviction is a misdemeanor.
DRIVING WHILE INTOXICATED
VTL 1192(2) and (3)
A person may be charged with DWI in New York State when the personŐs BAC is .08 or higher or where a police officer determines that there is other evidence of intoxication.
1st Offense: Misdemeanor, Fines of $500-$1000 plus surcharges, potential of 1 year in jail, 3 years probation, 6 month minimum license revocation and potential registration suspension.
2nd Offense: Possible Class E Felony if within 10 years of 1st conviction, Fines of $1000-$5000 plus surcharges, potential of up to 4 years in jail, 5 years probation, 1 year minimum license revocation, and potential registration revocation.
3rd Offense: Possible Class D Felony, Fines of $2000-$10000 plus surcharges, potential of up to 7 years in jail, 5 years probation, 1 year minimum license revocation, potential registration revocation.
AGGRAVATED DRIVING WHILE INTOXICATED
VTL 1192(2-a)
A person may be charged with Aggravated DWI in New York State when the personŐs BAC is .18 or higher.
1st Offense: Misdemeanor, Fines of $1000-$1500 plus surcharges, potential of 1 year in jail, 3 years probation with installation of ignition interlock device, 1 year minimum license revocation and potential registration suspension.
2nd Offense: Possible Class E Felony if within 10 years of 1st conviction, Fines of $1000-$5000 plus surcharges, potential of up to 4 years in jail, five years probation, 18 month minimum license revocation, and potential registration revocation.
3rd Offense: Possible Class D Felony, Fines of $2000-$10000 plus surcharges, potential of up to 7 years in jail, potential 5 years probation, 18 month minimum license revocation, potential registration revocation.
Return to New York DWI Lawyers
|