BROOKLYN DWI LAWYER-917-519-8417

DWI PENALTIES

What is DWI?

Driving While Intoxicated (DWI) is a crime. In NYS, the penalties include the loss of driving privileges, fines, and a possible jail term.

Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions:

the amount of alcohol you drink,
the amount of food you eat before or while you drink alcohol,
the length of time you drink alcohol,
your body weight, and
your gender.
There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.

What are the alcohol and drug-related violations in New York State?

BAC = blood alcohol concentration

DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication. For drivers of commercial motor vehicles, .04 BAC or other evidence of intoxication.
Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.
DWAI/Alcohol: Driving While Ability Impaired (by alcohol); more than .05 BAC to .07 BAC, or other evidence of impairment. For drivers of commercial motor vehicles who are under age 21, .02 BAC or other evidence of impairment.
DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol.
DWAI/Combination: Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol.
Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.
Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.