New York DWI Attorneys
Strong DWI Defense Lawyers With Decades of Experience
A DWI or other alcohol-related driving offense conviction can be financially burdensome, emotionally draining, damaging to friends and family relationships, and potentially jeopardous for your career. The penalties in New York State for alcohol-related driving offenses are as follows:
| Charge: | DWI (misdemeanor) | DWAI (violation) | CDL DWI (misdemeanor) | Aggravated DWI (misdemeanor OR Class E felony) | Under 21: “driving after having consumed alcohol” |
| For: | BAC ≥ .08% | BAC ≥ .05% ≤ .07% | BAC ≥ .08% with CDL | a. BAC ≥ .18% | BAC ≥ .02 ≤.05 and under 21 years of age |
| b. child ≤ 15 in the car | |||||
| Costs: | i. $500-1,000 fine
ii. Maximum 1 year in jail iii. Min. 6 months license revocation |
i. $300-500
ii. Max. 15 days in jail |
i. $1,000
ii. Max. 1 year in jail iii. 1 year license revocation |
i. $1,000-2,500 fine
ii. Max. 1 year in jail, max. 4 with a child in the car iii. 1 year license revocation |
i. $125 civil penalty
ii. 6 month license suspension iii. $100 to terminate suspension |
Aside from the penalties for these convictions, you could also face penalties for refusing a breathalyzer test. It does sometimes make sense, in a cost-benefit analysis, to refuse a breathalyzer: the absence of that evidence could mean the difference between an open-and-shut DWI and a plea deal for a DWAI. Note, though, that refusing the breathalyzer test will mean an automatic one-year suspension of your license and a $750 fine for the DMV’s “driver assessment” ($250/year for three years).
On top of these fines (and – don’t forget – potential prison sentences) you might need to undergo an alcohol evaluation and substance abuse counseling, and attend a seven-week Impaired Drivers’ Program. Note that a DWI cannot be “expunged” – it will be on your record forever, potentially affecting future employment, causing your insurance rates to go up, and preventing you from entering Canada.
To defend against a DWI or other alcohol-related driving offense charge, your attorney might challenge the prosecution’s evidence or version of events, demonstrate improper police behavior, or negotiate for reduced charges. The benefit of a DWAI, for example, is that it is a violation and not a misdemeanor, and should not affect future employment.
Over 30 years of state and federal criminal defense experience
For over 30 years, the attorneys at Aiello & Cannick have represented clients facing DWI and other alcohol-related driving charges. With extensive knowledge of state and federal drug laws, and with the resources and cost-sensitivity to help all of our clients, our efforts have earned us a reputation for discretion, thoroughness, creativity, and hard work, evidenced by our catalog of victories both in and out of the courtroom.
Contact us today to set up a free case review and consultation in our Maspeth, Queens office. In the meantime, continue to explore the legal resources on our blog and videos pages.
