29 May 18

New York DWI Frequently Asked Questions

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Last Updated on: 3rd August 2023, 09:08 pm

If you choose to drive after drinking alcohol or using a controlled substance, you could put yourself and others in danger. You could also face legal consequence if a police officer observes your actions while drunk or impaired on drugs. Let’s take a closer look at what the law says about impaired driving and how a DWI charge could impact your life.

What Does DWI Stand For?

In the state of New York, you cannot drive a vehicle with a blood alcohol content of .08 percent or higher. Doing so could result in a DWI charge, and DWI stands for driving while impaired. Those who are found to be driving with a blood alcohol content of .18 percent or higher will be charged with an aggravated DWI.

What Are the Consequences of a DWI Conviction?

If you are convicted of a DWI, you could face up to a year in jail for your first offense. Furthermore, you could face a fine as well as a license revocation of up to six months. For a second or subsequent offense, penalties could include spending up to seven years in prison and paying a fine of up to $10,000. Probation, the use of an ignition interlock device and a license suspension of up to a year could also be included as part of a sentence for previous offenders.

What Happens If You Refuse a Chemical Test?

Drivers in New York state are required to consent to chemical tests. These include blood, urine or breath tests designed to detect alcohol or other substances inside a person’s body. If you fail to take a test as requested by a police officer, you could face a license suspension of one year. This is true even if you are never convicted of a DWI. If you have been convicted of a DWI in the past, you could face a permanent license revocation for failing to take a chemical test.

How Can a Driver Obtain a Conditional License?

A conditional license makes it possible to drive to work, school or to any mandated chemical testing. It may also be possible to drive to group meetings or other events that are designed to help you stop drinking or using drugs. Generally, you will ask a judge to approve your request for a conditional license, and a decision will be made based on the circumstances in your case.

What Happens If an Impaired Driver Transports Children?

Leandra’s Law says that you can be charged with a felony for transporting children age 15 and younger while impaired. In addition to a DWI charge, you could face charges related to endangering the welfare of a child. Penalties could include spending up to four years in prison in addition to being added to a state database of potentially abusive parents.

If you are charged with a DWI, it could result in significant penalties that may make it harder to live a normal life in the short and long-term. Therefore, it may be in your best interest to visit and learn how an attorney can help during the legal process.