New Rochelle, New York DWI / DWAI Criminal Defense Attorney

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

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 or 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

Being charged with DWI / DWAI is a serious offense that can have serious consequences, including fines, jail time, and loss of driving privileges. It is imperative that anyone facing an DWI / DWAI charge in New York understand what challenges they will encounter. Seeking the legal advice of an assertive and experienced DWI / DWAI attorney will help you understand all of your options and rights.

DWAI or DWI Penalties for First Time DWAI Offenders Offenders

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

Penalties for First Time DWI Offenders

• Commercial Drivers - Commercial drivers are in violation of the DWI / DWAI statute with a blood-alcohol concentration (BAC) of 0.04. A first time DWI (driving while intoxicated) or DWAI 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.
• Breath Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges in New York 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.
• New York Driving Privileges and DWI / DWAI - In New Rochelle, New York, a first time DWI conviction results in the revocation of New York driving privileges for a minimum of six months.
• Jail Time - A first time DWI / DWAI offender faces up to 1 year jail time.
• Monetary Fines - In New Rochelle, New York, fines for a first time DWI is $500 to $1,000, plus any applicable fees.

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 New Rochelle, 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.

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. This is why an accomplished and professional defense lawyer can guide you through this emotionally challenging process. Please contact a New York DWI / DWAI defense lawyer for a fast, free consultation.