If you are found driving while intoxicated in New York, it is possible for the jurisdiction to suspend your license, put you in jail and impose stiff fines. New York defines driving while intoxicated by doing a Blood Alcohol Concentration Test (or BAC). There are different types of DWI classifications depending on what type of motor vehicle you are driving:
The different types of BAC levels are:
● 0.08% for those who are over the age of 21
● 0.04% if you are driving a commercial vehicle
● 0.02% if you are under the age of 21
Additional alcohol and drug crimes
Depending on the BAC test results you might face other criminal charges, such as:
● DWAI/Alcohol is the term that is used when you are driving while ability impaired and are under the influence of alcohol
● DWAI/Drugs is the term that is used when you are driving while ability impaired not by alcohol but by some other drug
● DWAI/Combination is the term that is used when you are driving while ability impaired by both drugs and alcohol
● Aggravated DWI (A-DWI) is the term that is used when you are being charged with aggravated driving, and you have a BAC of 0.18% or more
Penalties that can be imposed for excessive alcohol concentrations or the combination of drugs are related to criminal prosecution. If you refuse to submit to a test for chemicals or you break the “Zero Tolerance Law,” then you can face harsher criminal charges.
The type of DWI that you are charged with depends on many factors, including:
● Your age
● The substance that you took which impaired you (alcohol, drugs or the combination of both)
● What type of driver’s license you hold (special license like a CDL, or just a regular passenger license)
● If you were willing to submit to a drug or chemical test
DWI for those who are under the age of 21
If you are less than 21 years of age and you are found with anything higher than a 0.02% BAC, then you have already broken what New York calls the “Zero Tolerance Law.”
If it is your first offense then you might face:
● A suspended license for six months
● A $125 civil penalty
● A $100 fee to have your suspension terminated
● Mandatory enrollment into the New York Drinking Driver Program and all the costs that are associated with the program
● The potential to have an ignition interlock device installed in your vehicle and all the costs surrounding installation and use
If it is your second offense, then you might face:
● A revoked license for an entire year (or until you turn 21)
● A $125 civil penalty
● A $100 termination of suspended license fee
● Mandatory enrollment in the New York Drinking Driver Program and all the costs that are associated with the program
● The potential to have an ignition interlock device installed in your vehicle and all the costs surrounding installation and use
DWI Penalties for those who are over 21
If it is your first offense:
● Your license suspected for 90 days
● A $300-500 fine
● A minimum of $250 annual assessment fine, which totals over $750 in fines over a three-year period, which is a part of New York’s Driver Responsibility Program
● Up to 15 days in jail
● Mandatory enrollment in the New York Drinking Driver Program and all the costs that are associated with the program
If it is your second offense:
If you receive a second DWI charge within five years of your first offense, you might be subjected to:
● Having your license revoked for up to six months
● A $500-700 fine
● A minimum of $250 annual assessment fine, which totals over $750 in fines over a three-year period, which is a part of New York’s Driver Responsibility Program
● Up to 30 days in jail
● Mandatory enrollment in the New York Drinking Driver Program and all the costs that are associated with the program
There are many different classifications for drinking and driving in Queens. If you are being charged with any type of DWI offense, it is imperative to have a queens dui lawyer on your side to try to minimize your charges or have them dismissed altogether.
