Driving While Intoxicated

Driving While Intoxicated and Driving While Impaired (DWI) are common terms used to describe drunk driving charges. Any driver in New York caught operating a vehicle with a blood alcohol level exceeding the legal limit of .08% can be arrested and charged with a DWI.  A driver can also be charged with a DWI based on suspicion of the arresting officer of intoxication and/or evidence gathered during the arrest.

If convicted of a DWI in New York State, drivers can face serious penalties including loss of license and employment, fines and even jail time. The stigma of a criminal DWI conviction will follow you for years to come, and will have a significant impact on future auto insurance costs and employment opportunities.

If you are caught Driving While Intoxicated, you will need a New York DWI lawyer. First time offenders face mandatory fines of $500 to $1,000 with the possibility of up to a year in jail and a loss of their driving license for six months. A second offense within a period of 10 years will increase the mandatory fine to $1,000 to $5,000 and the jail term can be as high as four years. A third offense in the same amount of time can result in fines of $10,000, a jail term of seven years and permanent license revocation. In the state of New York, drivers under 21 who drive with 0.02–0.07 blood alcohol content (BAC) violate the zero tolerance law and can face license suspension for six months, as well as hundreds of dollars in fines.

If you have been previously convicted of a DWI in New York in the last 10 years and are caught operating a vehicle with an illegal BAC level, you may be charged and convicted of a felony DWI.

The average rate a person can process alcohol is approximately one (1) drink per hour. A driver’s BAC is generally affected by the following factors:

  • The amount of alcohol consumed
  • The timeframe during which alcohol has been consumed
  • The size (weight) of the person consuming alcohol
  • The amount of food eaten before or during alcohol consumption

If convicted of a DWI in New York, your employer will need to be informed that you have been charged, leading to additional consequences that can negatively affect your professional career, if not cost you your job altogether.  With the help of an attorney, you may be able to avoid dismissal from your job and license suspension.  At the very least, you may be granted the ability to drive to and from work during your suspension time.

Stephen Bilkis & Associates are highly experienced New York DWI Lawyers. If you have been charged with a DWI and need of an attorney, call us immediately at 1-800-NY-NY-LAW. We offer free consultations for drivers charged with a DWI and DWAI.