With some of the toughest drunk driving laws in the country, being accused of a DWI in New York is serious. You will want a professional and experienced Bronx DWI lawyer fighting on your behalf from the very moment that you are charged. Losing your license is only the beginning. Depending on the circumstances, you are looking at jail time and possible monetary fines. This can result in losing your job and finding it difficult to gain new employment upon serving your sentence. Not being able to drive can also make life more difficult than it needs to be. Continue reading to learn about the particulars relating to DWI laws in the Bronx and what you need to be prepared for.
DWI Laws in New York Explained
There are several categories of DWI charges in New York. A simple DWI can be lodged against any individual who is found to be operating a motorized vehicle while having a blood alcohol concentration of .08% or more. This for individuals over the age of 21. If you are under the age of 21, the allowed blood alcohol content level drops to .02%. If you are operating under a commercial driving license, a DWI charge can result from a blood alcohol content level of .04% or more.
If you are found to have a blood alcohol content level of .18% or higher, an aggravated DWI can be charged. This carries stiffer penalties and a normal DWI. No matter what the charge, a conviction will almost certainly result in the suspension of your driver’s license. In addition, the actual charge will different depending on if this is your first, second, or third DWI offense.
Possible Penalties for DWI in New York
The penalties for a regular DWI conviction in the state of New York vary depending on the number times you have been charged with the crime. With your first offense, you are looking at a fine of between $500 and $1,000. You will also have your driver’s license suspended for a minimum of six months and be required to install an ignition interlock device on your vehicle upon regaining your license. In fact, no matter how many times you are convicted of a DWI, the ignition lock device requirement remains.
For a second offense, the possible jail sentence is five days, and the fine can be up to $5,000. A third conviction will cost you up to $10,000 and a maximum ten days in jail or sixty days of community service. Penalties for an aggravated DWI are substantially strengthened. This is charged when you have a blood alcohol content level of .18% or you have any children under the age of 15 in the vehicle with you.
Defenses That You Can Mount Against A DWI Charge
It is important to remember that being charged with a DWI does not mean that you are guilty. In New York, a DWI can be lodged against an individual even if their blood alcohol content level is high for reasons unrelated to alcohol. You might also not have been above the limit when you began driving, but your level increased to an amount over the limit by the time the police stopped you. This would demonstrate a lack of intent to drive drunk, and is a possible defense that you can mount to beat the charges. There are a host of other defenses to consider in a DWI case as well. Your lawyer will look at the evidence and decide how best to proceed with your particular case. Because New York is an informed consent state, you are basically giving your permission to undergo a blood, breath, or urine test at the request of a law enforcement officer.
How Can Our Attorneys Help?
A DWI charge is a serious offense. A conviction will remain on your record for a number of years, possibly impacting future employment prospects. The financial penalty can also be burdensome as well, not to mention the loss of your driving privileges. Our Bronx DWI lawyers can help with your case. We will fight hard to beat the charges, or to get your sentence reduced as much as possible. That is why you will want to contact us as soon as possible.