CRIMINAL DEFENSE • DISCIPLINARY INVESTIGATIONS & HEARINGS

Penalties for drunk driving charges in New York

Posted June 17, 2015

If New Yorkers make the mistake of getting behind the wheel after having too much to drink, they can face serious criminal penalties. While people understand that they can be charged with driving while intoxicated, there are actually a wider variety of criminal charges that a New York resident can face. Depending on the specific charge that a person is facing, the penalties the person can be sentenced to will change.

If a person is arrested for DWI, then that person could face a maximum jail sentence of one year and a mandatory fine between $500 and $1,000, if convicted. The person’s driver’s license will also be subject to a mandatory six-month revocation. Aggravated DWI has similar penalties — with a maximum of one year in jail, a $1,000 to $2,500 fine and one year of driver’s license revocation.

These penalties increase if people have previous drunk driving convictions. For example, if a person has been charged with a second DWI in 10 years, then the penalties are increased to a maximum jail sentence of four years, a mandatory fine of between $1,000 and $5,000 and one year of mandatory drivers’ license revocation. A third DWI in 10 years will result in up to seven years in jail, a fine between $2,000 and $10,000 and a year without a drivers’ license.

People can even face penalties for refusing to take a breath test or other chemical test. In these cases, people can lose their license for one year and face a mandatory $500 penalty.

As this data from the New York Department of Motor Vehicles shows, the penalties for DWI are serious. People who have been accused of DWI need to act quickly to prevent these consequences. An attorney can help these individuals create a criminal defense plan.

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