DWI / DWAI Lawyer - Albany, New York

If you are charged with DWI / DWAI in New York, it is a serious offense that can have major repercussions, including fines, jail time, and loss of driving privileges. It is imperative that anyone facing a New York DWI / DWAI understand what challenges they will encounter. Seeking the advice of a capable and professional DWI / DWAI criminal defense attorney will help you understand all of your rights and options.

What happens if I was arrested for DWI / DWAI in Albany?

Under New York law, when you have been cited for violating the DWI statute, the state imposes penalties based on your Blood Alcohol Content (BAC) level. New York uses a 2-tier system to impose DWAI (DWI) charges on an offender:

1. Driving While Ability Impaired (DWAI): BAC between 0.05% and 0.08%
2. Driving While Intoxicated: BAC of 0.08% or greater

DWAI (DWI) Penalties for First Time DWAI Offenders Offenders

• New York Driving Privileges and DWI / DWAI - In Albany, New York, a first time DWI / DWAI conviction results in the revocation of driving privileges for 90 days.
• Monetary Fines - In Albany, New York, fines for a first time DWI / DWAI are $300 to $500.
• Jail Time - A first time DWI / DWAI offender faces up to 15 days time in jail. The court may order alcohol treatment in lieu of jail time.

Penalties for First Time DWI Offenders

• New York Driving Privileges and DWI / DWAI - In Albany, New York, a first time DWI conviction results in the revocation of New York driving privileges for a minimum of six months.
• Commercial Drivers - Commercial drivers are in violation of the DWI / DWAI statute with a BAC level of 0.04. A first time DWAI or DWI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DWI / DWAI offenses will result in a lifetime loss of the commercial license in New York.
• Jail Time - A first time DWI / DWAI offender faces up to 1 year time in jail.
• Monetary Fines - In Albany, New York, fines for a first time DWI is $500 to $1,000, plus any applicable fees.
• Breath Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 1 year and a fine of $500.00. Pursuant to New York law, after refusal to submit to a chemical test, an individual has 15 days to request a hearing from the Department Motor Vehicles in New York. If you fail to request a hearing within 15 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Motor Vehicles within 15 days.

DWI / DWAI Subsequent Offenses

Penalties are increasingly more severe for any additional DWI / DWAI violations. Due to the complexity of DWI / DWAI laws in New York, you may not be aware of rights and options, including any defenses you might use. This is why an assertive and knowledgeable criminal defense lawyer can guide you through this emotionally challenging process. Please contact a New York DWI / DWAI criminal defense lawyer for a free consultation.

New York STOP-DWI

New York State's STOP-DWI Program was developed in 1980 in an effort to lower alcohol related fatalities and injuries in Albany, New York and the rest of the state. The objective was to make sure legislation would be passed that would lay the foundation for the development of effective, self-funding, local programs.