Niagara Falls, New York DWI / DWAI Criminal Defense Lawyer

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

Under New York law, when you have been cited for violating the DWI statute, the state imposes penalties based on your BAC level. New York uses a 2-tier system to impose DWI charges upon 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 arrested for DWI / DWAI is a serious offense that can have major consequences, including loss of driving privileges, jail time, 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 accomplished and skilled DWI / DWAI attorney will help you understand all of your rights and options, including any defenses you might use.

DWI (DWAI) Penalties for First Time DWAI Offenders Offenders

• New York Driving Privileges and DWI / DWAI - In Niagara Falls, New York, a first time DWI / DWAI conviction results in the revocation of driving privileges in New York for 90 days.
• Monetary Fines - In Niagara Falls, 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 Niagara Falls, 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 DWI (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.
• Jail Time - A first time DWI / DWAI offender faces up to 1 year time in jail.
• Monetary Fines - In Niagara Falls, 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 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 Department Motor Vehicles. 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. This is why an aggressive and professional criminal defense attorney can guide you through this emotionally challenging process. Please contact a New York DWI / DWAI criminal defense attorney for a free consultation.