DWI Attorneys in Colonie
Knowledgeable Advocates on Your Side
Driving while intoxicated (DWI), also known as driving under the influence or DUI in some states, is a criminal offense that is taken very seriously by police officers, prosecutors, and judges.
Because DWI is such a serious crime, those who enforce the law can get overzealous in their duties. This may occur in the form of a police officer who falsely accuses someone of this offense or a judge who pins a severe sentence on a first-time offender. If you’ve been accused of driving while intoxicated, you may be feeling hopeless about your situation.
Regardless of the details of your case, E. Stewart Jones Hacker Murphy can help. We understand the severity of these accusations and are prepared to do whatever we can to protect your rights and argue for your freedom. We will not allow you to be pushed around and will fight for the fair treatment that you are entitled to.
Types of New York DWI Charges
Every state has different laws that govern how cases are handled when a person allegedly drives under the influence of alcohol or drugs. In the state of New York, there are multiple types of DWI offenses under the law.
Driving while intoxicated (DWI) is the most basic type of impaired driving charge in the state. A person could be charged with DWI if they were found to be driving with a blood alcohol concentration (BAC) level of 0.08% or higher. A charge may be classified as aggravated DWI if the driver had a BAC of 0.18% or higher or was driving under the influence with a person who was 15 years old or younger in their car.
An impaired driving offense may also be categorized as driving while ability impaired (DWAI). Essentially, DWAI charges may be applied to any instance in which somebody was driving under the influence. DWAI may be classified as alcohol DWAI, drug DWAI, or combination DWAI (combination DWAI charges account for situations in which a driver was under the influence of both alcohol and drugs).
Penalties for DWI in New York
If you are found guilty of driving while intoxicated, you can face penalties such as time in prison, fines, and more. The consequences of a DWI charge will depend on elements such as your criminal history (especially if you have previous DWI charges on your record), the evidence presented by the prosecution, and any aggravating factors.
In the state of New York, the consequences for DWI may include:
- One year maximum in prison, $500 to $1,000 in fines, and a six-month license suspension for first-time offenders. First-time DWI charges are generally misdemeanors.
- One to four years in prison, $1,000 to $5,000 in fines, and a one-year license suspension (if a prior conviction was in the past 10 years) for second-time offenders. Second and subsequent DWI charges are felonies.
- One to seven years in prison, $2,000 to $10,000 in fines, and permanent license revocation (if a prior conviction was in the past four years) for third-time offenders.
These penalties can also apply to drug DWAI and combination DWAI charges. People who have been found guilty of alcohol DWAI may face jail time ranging from a 15-day maximum for first-time offenders to a 180-day maximum for third-time offenders, in addition to $300 to $1,500 in fines, and 90 days to six months of license suspension.
Beyond the criminal penalties of a DWI charge, there are many consequences in other areas of an accused person’s life. A person who has been accused of driving while intoxicated may have their driving privileges revoked. They may be unable to find employment. A child custody agreement could be affected. A skilled lawyer can assist you with avoiding or minimizing all the consequences of a DWI charge, beyond the legal ramifications.
Reach Out to Us Today
It is crucial to get legal representation right away if you have been accused of driving while intoxicated. Contact E. Stewart Jones Hacker Murphy now to get started on your case.