Switch to ADA Accessible Theme
Close Menu
Dupée & Monroe, P.C., Attorneys at Law
Complimentary Consultations Available 845-294-8900

DWI Penalties for First-Time Offenders in New York

Young drunk man with beer bottle in car on the background of police car lighting. Driving under alcohol influence.

New York is serious about cracking down on drunk driving, and the penalties for a DWI conviction can be steep, even if you’ve never been arrested before. But just because you’ve been arrested doesn’t mean the police got everything right, and you might still be able to beat a conviction or avoid the most serious consequences you are facing. See below for a discussion of DWI penalties for first-time offenders in New York. If you’ve been arrested for DWI in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., for strategic advice and zealous representation from a team of skilled and experienced Goshen criminal defense attorneys.

Definition of DWI in New York

In New York, the basic charge of drunk driving is referred to as DWI (Driving While Intoxicated). Under New York law, a person can be charged with a DWI if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under the age of 21, any detectable amount of alcohol can lead to a DWI charge.

Penalties for First-Time DUI Offenders in New York

Criminal Penalties

DWI is a misdemeanor in New York. For a first-time DWI offense, the following criminal penalties may apply:

  • License Revocation: Your driver’s license may be revoked for a minimum of six months.
  • Fines: You may face fines ranging from $500 to $1,000.
  • Jail Time: You could be sentenced to up to one year in jail.
  • Probation: You may be placed on probation for up to three years.

Administrative Penalties

In addition to criminal penalties, you may face administrative penalties related to your driver’s license:

  • Suspended License: Your license may be suspended pending prosecution.
  • Ignition Interlock Device (IID): You may be required to install an IID in your vehicle, which requires you to pass a breathalyzer test before starting the car.
  • Driver Responsibility Assessment: You may be required to pay a driver responsibility assessment fee of $250 per year for three years.

Other Consequences

  • Insurance: Your auto insurance rates are likely to increase significantly, and you may be required to obtain SR-22 insurance, which is an expensive high-risk insurance policy.
  • Criminal Record: A DWI conviction will result in a criminal record, which can have long-term consequences for your future employment and other opportunities.
  • Subsequent Offenses: If you have a DWI on your record and are arrested later, even years down the line, you could face significantly stiffer penalties, making it all the more important to treat even a first offense seriously.

Legal Defenses for DWI Charges

If you’ve been charged with a DWI in New York, several legal defenses may apply to your case, including:

  • Lack of Probable Cause: The police must have had a valid reason to stop you in the first place.
  • Inaccurate BAC Test: The BAC test results may be inaccurate due to improper administration or calibration of the testing equipment.
  • Rising BAC Defense: Your BAC may have been below the legal limit at the time of driving but rose above the limit by the time you were tested. This is the type of nuanced defense that requires the skill of an experienced DWI criminal defense attorney to apply appropriately.

Contact Dupée & Monroe for Help After a DWI Arrest in the Hudson Valley

Facing a DUI charge for the first time can be stressful and frightening, and the adverse consequences can be significant. If you’ve been charged with a DWI in New York, it’s crucial to seek the advice of an experienced criminal defense attorney who can help protect your rights and guide you through the legal process. In Orange County and the Hudson Valley, call Dupée & Monroe, P.C., at 845-294-8900 for a free consultation to discuss your case with a skilled Goshen criminal defense attorney.

Facebook Twitter LinkedIn