Chautauqua, New York DWI / DWAI Attorney

Being arrested for DWI / DWAI is a serious offense that can have major consequences, including jail time, loss of driving privileges, and monetary fines. It is important that anyone facing a New York DWI / DWAI understand what challenges they will encounter. Seeking the legal advice of an aggressive and knowledgeable DWI / DWAI criminal defense lawyer will help you understand all of your options and rights.

Arrested for DWI / DWAI in Chautauqua, New York?

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

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

DWI or DWAI Penalties for First Time DWAI Offenders Offenders

• Jail Time - A first time DWAI or DWI offender faces up to 15 days time in jail. The court may order alcohol treatment in lieu of jail time.
• Monetary Fines - In Chautauqua, New York, fines for a first time DWI / DWAI are $300 to $500.
• New York Driving Privileges and DWI / DWAI - In Chautauqua, New York, a first time DWI (driving while intoxicated) or DWAI conviction results in the revocation of driving privileges for 90 days.
• New York Driving Privileges and DWI / DWAI - In Chautauqua, New York, a first time DWI (driving while intoxicated) or DWAI conviction results in the revocation of driving privileges for 180 days.
• New York Driving Privileges and DWI / DWAI - In Chautauqua, New York, a first time DWI conviction results in the revocation of driving privileges for a minimum of six months.
• Commercial Drivers - Commercial drivers are in violation of the DWI / DWAI statute with a blood alcohol content (BAC) 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 DWAI or DWI offender faces up to 1 year time in jail.
• Monetary Fines - In Chautauqua, 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 New York DMV. 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 skilled defense lawyer can guide you through this emotionally challenging process. Please contact a New York DWAI or DWI 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 Chautauqua, 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.