If you were arrested and charged with a DUI in Utica, Newyork or a neighboring City, please call the 1-800 number below to get in contact with an experienced DUI attorney to fight your case.
1-800-420-9444 or

Utica, New York DWI or 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 imperative that anyone facing an DWI / DWAI (DWI) charge understand what challenges they will encounter. Seeking the legal advice of an assertive and professional DWI / DWAI criminal defense attorney will help you understand all of your options and rights.

Arrested for DWI / DWAI in Utica, New York?

Pursuant to New York law, when you have been cited for violating the DWI / DWAI statute, New York imposes penalties based on your blood alcohol content (BAC). 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 / DWAI Penalties for First Time DWAI Offenders Offenders

  • Monetary Fines - In Utica, New York, fines for a first time DWI / DWAI are $300 to $500.
  • New York Driving Privileges and DWI / DWAI - In Utica, New York, a first time DWAI conviction results in the revocation of driving privileges for 90 days.
  • Jail Time - A first time DWAI (DWI) offender faces up to 15 days jail time. 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 Utica, 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 (blood-alcohol concentration) of 0.04. A first time 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 DWAI (DWI) offender faces up to 1 year jail time.
  • Monetary Fines - In Utica, 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. This is why a capable and skilled criminal defense lawyer can guide you through this emotionally challenging process. Please contact a New York DWAI (DWI) criminal defense lawyer for a fast and free consultation.

STOP-DWI Utica, New York

The STOP-DWI Program for New York was developed in 1980 in an effort to lower drinking and driving related fatalities and injuries in Utica and throughout the whole state of New York.