Driving under the influence of alcohol or drugs is a crime not taken lightly in New York. Even if you have never been arrested for Driving While Intoxicated, and have no previous criminal record of any sort, the penalties for this crime are still high. A second or even third charge will, of course, have even more penalties than the first.
Penalties for a first time DWI or DWAI-Drugs offense can include up to one year behind bars in a county correctional facility, a monetary fine, and license revocation for at least six months. In addition to these charges, a first time offender will need to pay an annual “assessment fee” that is a minimum of $250 every three years for a total of $750. This is part of New York State’s Driver Responsibility Program.
In New York state, an individual accused of a DWI or DWAI-Drugs may even face penalties that relate to their employment. For example, those who hold a license to practice their profession may lose the license.
If you or someone you love has been accused of driving while under the influence of alcohol or drugs, contact a criminal defense lawyer right away. If the DWI charges are compounded by other criminal charges, such as reckless driving or another charge, you could be facing even more severe penalties and an extensive stint in jail. Know your rights and contact Gianni Karmily as soon as possible to get started developing a strong defense.
What’s The Difference Between A DWI And A DWAI-Alcohol In New York?
Driving While Intoxicated (DWI) is a charge that someone gets if they are found to be operating a motor vehicle with a blood alcohol content equal to or greater than .08%. Drivers who operate commercial motor vehicles such as trucks or tractor trailers, a blood alcohol content equal to or above .04% puts you over the limit. You can be charged with an aggravated DWI if your blood alcohol content is considerably above the legal limit – .18% or higher to be exact.
A DWAI-Alcohol stands for Driving While Ability Impaired. If you are found to be operating any kind of motor vehicle with more than .05% blood alcohol content to .07 blood alcohol content, or other evidence of impairment, you will be charged with Driving While Ability Impaired.
Other alcohol and drug related violations in New York include failing to submit to a chemical test. A driver who refuses to take a chemical test to assess their breath, blood or urine can be charged with this refusal as a violation.
Additionally, New York State is a Zero Tolerance State. This means, if you are under the legal drinking age of twenty one, and are operating a motor vehicle with a blood alcohol content percentage at or above .02%, even if it is below the legal limit, you can be arrested.
Is It Possible To Get My First Offense DWI In New York Dismissed?
Someone who received a first offense DWI does have a better chance of getting their charges dismissed or reduced than a repeat offender in New York. But getting your charges dismissed or reduced, for any criminal conviction, is never an easy feat. In order to successfully have your first offense DWI dismissed, you’ll need a strong defense.
The right lawyer will fight aggressively to develop a strong case for your defense that demonstrates your capacity to drive carefully, learn from your mistake, and move forward as a safe driver on the road. Gianni Karmily is a skilled Hempstead criminal defense attorney with extensive experience representing clients in situations just like yours. Your first step after a DWI arrest should be scheduling a consultation with a Hempstead DWI attorney at the Law Firm of Gianni Karmily.
Any lawyer can defend you against a Driving While Intoxicated charge, but with so much at stake, you must be advised and represented by a lawyer who has considerable experience and a record of success handling DWI cases, and Gianni Karmily has just the experience to help you.
Schedule A Criminal Case Evaluation With DWI Lawyer Gianni Karmily
A DWAI-Alcohol charge is less serious than a DWI charge, but if an impaired driver causes property damage or personal injuries, the charges and penalties become compounded. A conviction of this nature could negatively affect you for the rest of your life, and there’s too much at risk to delay in calling an attorney.
Schedule a criminal case evaluation with Nassau County, Long Island DWI lawyer Gianni Karmily today to get a head start on developing a strong defense case in order to mitigate the risk of harsh penalties following your arrest.