What Are the Penalties for DWI in New York? - Rachel Kugel

BSPE Legal Marketing Podcast

From The Kugel Law Firm - In this episode, we discuss "What Are the Penalties for DWI in New York?" Driving While Intoxicated (DWI) and Driving While Ability Impaired (DWAI) are serious offenses in New York that come with significant penalties. A DWI is charged when a driver’s blood alcohol content (BAC) is 0.08% or higher, while a DWAI applies when a driver shows evidence of impairment with a BAC below that threshold. These offenses can lead to license suspension or revocation, hefty fines, probation, and even jail time, making understanding your legal options critical.

We explore the escalating consequences of repeat offenses, including how a second DWI within 10 years can result in a Class E felony, carrying up to 4 years in prison and fines of up to $5,000. Aggravated DWI charges, where BAC exceeds 0.18%, trigger even harsher penalties, such as extended license revocations and mandatory breathalyzer interlock devices (IID). Refusing a chemical test like a breathalyzer or urine test can also lead to immediate license suspension for a year, regardless of the outcome of the case.

The discussion highlights how the differences between DWI and DWAI can affect your criminal record and long-term consequences. DWAI is considered a violation, avoiding a criminal record, while DWI is a misdemeanor or felony depending on the case. Understanding these distinctions and the associated penalties helps underscore the importance of timely legal representation. Defense strategies may include challenging field sobriety test results, evidence presented by prosecutors, or the procedures followed during the arrest.

At The Kugel Law Firm, our New York DWI lawyers are committed to defending the rights of clients and mitigating the impact of these charges. From thorough evidence reviews to strategic defense planning, we work to reduce or dismiss charges and help clients move forward with their lives. Contact us today at [phone] to schedule a consultation and take the first step toward resolving your case.
The Kugel Law Firm
111 E 125th St 2nd Fl, New York, NY 10035, United States
[phone]
https://www.google.com/maps?cid=17189431107850367088