Search Site
Menu
Penalties for a DWI in New York

Being pulled over in New York and other states can be nerve wrecking for motorists. In some cases it may not be clear why he or she is being pulled over. In other cases, a motorist may have an idea; however, they seek to get off just a warning. Whether it was a traffic violation or because of suspicious activities, when law enforcement stops a vehicle, they could ask the driver to take a field sobriety test if they believe the driver is under the influence of alcohol. Based on the results of these tests, a driver could face a drunk driving charge.

A DWI might be considered a traffic offense, it could carry with it serious penalties. Because of this, it is important to understand the criminal consequences that could befall an individual facing a drunk driving charge. In the state of New York an individual is charges with driving while intoxicated when his or her blood alcohol content is 0.08 percent or higher. The charge could be aggravated if his or her BAC is 0.18 or higher.

For a first offense, a driver could face a fine between $500 and $1,000, up to a year in jail and a license revocation for at least 6 months. A second DWI in a 10-year span is considered a felony and could result in a fine between $1,000 and $5,000, up to 4 years in prison and license of revocation. If a person is charged with a third DWI in a 10-year span, he or she could face a fine between $2,000 and $10,000, up to 7 years in prison and license revocation for one year.

Because the penalties of a drunk driving charge can be harsh, it is important for motorists to understand their rights. Motorists can assert a defense against these charges, even challenging the traffic stop or the collection of evidence. This could help the accused reduce and even dismiss the charges against them.

Leave a Reply

Your email address will not be published. Required fields are marked *

Meet Our Attorneys
  • What to do if pulled over for a DUI


    The ways to effectively handle DWI traffic stops

    Experienced drunk driving defense attorneys in Rochester know the best methods for defending their clients. But your handling of a police stop can make a difference to your defense. The following tips can help...
    READ MORE
Client Reviews
  • "All of my contact was handled very promptly and professionally. They were very knowledgeable and made me feel like my case was as important to them as it was to me."

  • "I highly recommend the Law Office of James L. Riotto. The entire staff is professional, knowledgeable and always willing to help. Mr. Riotto’s legal prowess coupled with his background in law enforcement give him the ability to be empathetic to his client’s circumstances while relentlessly striving for the best possible outcome."

  • "Everyone I’ve talked to in this office has always been kind and very helpful. I’ve used them a couple of times now and am very happy with the outcomes and how well they’ve communicated with me."

  • "I would like to say what an amazing job your office did for me. Your team really saved me and helped me save costs. I want to give a shout out to an amazing person who worked tirelessly for me.. Chelsea Gardner!! She is awesome. James, I tell everyone I know to call you and your team. True professionals and they do what they say!!"

  • "Mr. Riotto was very responsive to us on our initial call as throughout the legal process. It was very clear how he was approaching the case and what the outcome may be. It can be unsettling hiring an attorney we did not know. He very quickly put our minds to rest."

Featured Article
  • The Top Criminal Defense Lawyers in Rochester.

    Handpicked Top 3 Criminal Defense Lawyers in Rochester, New York. Our 50-Point Inspection includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust and cost to the general excellence. You deserve only the best!

    VIEW ARTICLE
Reviews and Ratings
  • google
    5.0/5.0

    Great lawyers to deal with traffic tickets. They were able to get my ticket reduce by a lot.

    Read more

    Enmanuel Hernandez

  • google
    5.0/5.0

    Great lawyers to deal with traffic tickets. They were able to get my ticket reduce by a lot.

    Read more

    Enmanuel Hernandez

  • google
    5.0/5.0

    I am happy to choose Riotto law firm for a legal affair. Not only the staff are professional but courteous and patient. Their pricing is also reasonable.

    Read more

    Faraz Farhidi

  • google
    5.0/5.0

    I am happy to choose Riotto law firm for a legal affair. Not only the staff are professional but courteous and patient. Their pricing is also reasonable.

    Read more

    Faraz Farhidi

  • google
    5.0/5.0

    Very dedicated and committed staff and attorney who can handle all traffic violations misdemeanors, and felonies! The results they get for their clients are outstanding and I always recommend them to family and friends!

    Read more

    Constantina Zacharakis

See all reviews
Contact us

Quick Contact Form