The State of New York can be a fun place to live and visit, but if you choose to drive under the influence, you will find that it can be a place of severe restriction and penalties as well. When you are suspected of DWI and are pulled over and found with a blood alcohol concentration (BAC) of .08 or above, you will face penalties and punishments that will put big dampers upon your life. Commercial drivers face a BAC of .04 and minor drivers under the age of 21 face a BAC of .02. Aggravating factors, such as having a child under the age of 15 in the car when you are driving while under the influence, will significantly increase your penalties and punishments.
First DWI Offense
Your first DWI/DUI conviction will mean that you lose your license for a period of ninety days and you will face some big hurdles to jump over to get your license reinstated, including fees and tasks that will be necessary. When you are looking at jail time, you will not face a minimum incarceration time, but you can be sentenced to jail time, depending upon the factors that are associated with your DWI charge. All DUI convictions, including the first one, will mandate the use of an ignition interlock device on your vehicle. If you had a minor in the car under the age of 16 when you are pulled over for a DWI, you will be facing imprisonment of up to four years and you will be looking at a fine of $5000, no matter which offense it is. In addition, it will be upgraded to a felony charge.
Second DWI Offense
A second DWI offense within ten years will result in license revocation for a period of one year and you will have to have ignition interlock devices installed on every vehicle that you own to get your license reinstated after this time is served. Mandatory jail time of 5 days will be required and this time can be increased to four years, depending upon the aggravating factors of your arrest. Fines will range from $1000 to $5000 and you will most likely have to serve some sort of community service sentence as well.
Third DWI Offense
A third DWI offense within ten years will be a felony and you will lose your license for at least one year. You will have to pay quite a bit of money and spent a lot of time doing all of the tasks necessary for license reinstatement, including drug/alcohol treatment, ignition interlock device installation, and more. As far as jail time, you will be look at up to seven years in jail and once you are release, your license revocation will begin. Fines will range from $2000 to $10000 and this will not include the additional costs that are associated with your sentencing or court costs. This can really add up and this means that it can have a big effect upon you now and in the future.
You can see that driving while under the influence can have a big effect upon your future. Both your freedoms and your finances can be severely impacted if you make the choice to drink and drive. By getting a lawyer and the proper legal representation, you will be able to get the guidance you need through the legal process and get the sentence that is fair for you. While this doesn’t mean that you are going to get out of the charge, a lawyer can help you to get the penalties and punishments at the lower end of the spectrum.