DWI (Driving While Intoxicated), in New York, is an offense chargeable if one’s BAC (Blood Alcohol Content) is proven to be at .08% or above. Drivers of commercial vehicles will be charged with DWI with a BAC of .04% above, and drivers under the legal drinking age of 21 are given “zero tolerance” and charged with a BAC of .02% or above (.01% given for a margin of error). If a chemical test is refused, the state can also charge you with DWI if they can prove that you showed signs of intoxication when you were pulled over.
The charge of one’s first DWI, or the first one in the last ten years, is usually a misdemeanor. A subsequent charge of DWI in the last ten years may be considered a felony.
While DWI is a misdemeanor, it has serious consequences. Significant fines are levied, insurance rates are increased, and there are additional costs associated with mandatory classes, panels, and counseling. Jail time is technically a possibility. Your driver’s license will be suspended, and the classes and counseling will take a significant portion of your time. Since Leandra’s Law was passed in 2010, a driver interlock device will be required to be installed to your ignition, so that you have to blow into it every time you need to start up your car. If installed, it is at your expense.
There are also longer, more indirect costs of being convicted of DWI. It may prevent you from future employment, especially where driving or piloting is central or required. It may also restrict military service options.
Being charged with DWI is not a death sentence. With a good DWI attorney like Karl Myles, you greatly increase your odds of being acquitted or pleading to a traffic violation.
DWI is also different from other defense cases; it is very open to interpretation. There are many more variables, conditions, and factors considered. For instance, did you know that the officer who breathalyzes you must be fully certified to administer breathalyzer tests? Or that the officer who arrests you must build a case for probable cause before requiring you to take that test? And that the said officer must be experienced or certified in DWI to arrest you for it? Did you know that the defendant’s character comes into play, and that factors such as this may get you an easier sentence?
Karl Myles takes full advantage of every detail and loophole. Did you know that Karl Myles goes over a complete DWI defense strategy that begins from the moment you were pulled over, to the moment you were put in jail?
If you are feeling overwhelmed by the potential penalties you face, Karl Myles is not only very experienced in DWI law, he is an expert on putting you at ease and counseling you on what may come ahead. Karl Myles will shoulder the burden of your case. He will meet with you night or day, at your home or your jail cell to fight your charges. Call (716) 812-2228 now for immediate assistance.
|Violation||Mandatory Fine||Max Jail Term||Mandatory Driver License Action|
|Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)||$500 - $1,000||1 year||DWI - Revoked for at least six months
DWAI-Drugs - Suspended for at least six months
|Second DWI or DWAI-Drug violation in 10 years (E felony)||$1,000 - $5,000||4 years||Revoked for at least one year|
|Third DWI or DWAI-Drug violation in 10 years (D felony)||$2,000 - $10,000||7 years||Revoked for at least one year|
|Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)||$500 - $1,000||1 year||Revoked for at least six months|
|Second DWAI-Combination in 10 years (E felony)||$1,000 - $5,000||4 years||Revoked for at least one year|
|Third DWAI-Combination in 10 years (D felony)||$2,000 - $10,000||7 years||Revoked for at least one year|
|Driving While Ability Impaired by Alcohol (DWAI)||$300 - $500||15 days||Suspended for 90 days|
|Second DWAI violation in 5 years||$500 - $750||30 days||Revoked for at least six months|
|Third or subsequent DWAI within 10 years (Misdemeanor)||$750 - $1,500||180 days||Revoked for at least six months|
|Zero Tolerance Law||$125 civil penalty and $100 fee to terminate suspension||None||Suspended for six months|
|Second Zero Tolerance Law||$125 civil penalty and $100 re-application fee||None||Revoked for one year or until age 21|
|Chemical Test Refusal||$500 civil penalty ($550 for commercial drivers)||None||Revoked for at least one year, 18 months for commercial drivers.|
|Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal||$750 civil penalty||None||Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.|
|Chemical Test Refusal -
Zero Tolerance Law
|$300 civil penalty and $100 re-application fee||None||Revoked for at least one year.|
|Chemical Test Refusal -
Second or subsequent Zero Tolerance Law
|$750 civil penalty and $100 re-application fee||None||Revoked for at least one year.|
|Driving Under the Influence (Out-of-State)||N/A||N/A||Revoked for at least 90 days. If less than 21 years of age, revoked at least one year.|
|Driving Under the Influence (Out-of State) with any previous alcohol-drug violation||N/A||N/A||Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).|
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