DWI First Offense
DWI First Offense
First Driving While Intoxicated (DWI) Offense in New York
Most people understand that drinking and driving is a crime in New York, and one that can come with harsh penalties if you are convicted. When you are convicted of Driving While Intoxicated (DWI) in NY, even if it’s your first conviction, you can risk losing your license, expensive fines and in some case, even jail time. For that reason, it’s best to stay off the road if you’ve had a few drinks in New York, or to use a designated driver, taxi or rideshare service like Uber or Lyft.
However, people sometimes make mistakes, and if you or a loved one was pulled over in New York and charged with your first DWI offense, it can be scary and it’s not always clear what to do afterward. Fortunately, for first-time offenders, you may have a way to fight your case and have your charges dropped or reduced. But first, it’s important that you contact an experienced DWI defense attorney in Nassau County to discuss the details of your case and begin building your legal defense as soon as possible.
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First DWI Offense in New York
Everybody makes mistakes and otherwise law-abiding citizens can sometimes find themselves facing a Driving While Intoxicated charge in New York. If convicted, there can be serious punishments, fines, and restrictions on your driving privileges that can make life difficult and put financial stress on you and your family.
It’s important to know that the punishments you face depend on the nature of your DWI and how high your Blood Alcohol Content (BAC) levels were when you were arrested. There are a variety of different types of drunk driving charges in New York that include:
- DWAI: Driving While Abilities Impaired is the least serious charge and can be issued for BAC that impairs your driving between .05%-0.7%. It is an infraction for a first-time offense, but consecutive convictions can increase the severity of the charge.
- DWI: This is for BAC levels above 0.08% and lower than .18%. It is a misdemeanor for a first-time offense.
- Aggravated DWI: This class of DUI refers to when a driver has a BAC level of .18% or higher. Although a first-time offense is still a misdemeanor crime if there were no children in the car and no accident or injuries occurred, it carries stiffer penalties and there are restrictions on plea-bargaining.
- DWAI drugs and DWAI combination:. Driving while under the influence of illegal drugs or certain pharmaceutical drugs, or a mix of drugs and alcohol, is also a crime in New York.
The importance of hiring a qualified first offense DWI attorney in NY to help fight your charges can not be overstated. A Nassau County DWI attorney can investigate your case and find what evidence can be used to help you fight your charges or have them reduced.
In NY and around the country, a normal DWI means driving with a BAC level of .08% or higher. The threshold is lower for commercial drivers—.04%, and minors—.02%. However, an Aggravated DWI in NY means either you had a BAC of .18% or higher or you committed a regular DWI with a passenger in the car who was 15 years or younger.
Although conviction of a first-time Aggravated DWI charge is technically still a misdemeanor, it comes with plea-bargaining restrictions and stricter penalties than a regular DWI.
What are the consequences for a first-time DWI in New York?
Being charged with a DWI or DWAI in NY can be scary and stressful, and you may not always understand your rights and what is at stake if you are convicted. Listed below are some of the penalties for a first-time DWI and other types of impaired driving charges in New York:
- DWAI: Infraction. Up to 15 days in prison and fines from $300-$500. Minimum 90-day license suspension, and an SR-22 insurance requirement.
- DWI: Misdemeanor Up to one year in prison, fines from $500-$1000, six-month license suspension, three years of probation, installation of an Ignition Interlock Device (IID) in your car, and SR-22 insurance requirement.
- Aggravated DWI: Misdemeanor charge. Up to one year in prison, fines from $1000-$2,500, one year license suspension, three years of probation, the installation of an IDD in your vehicle, and SR-22 insurance requirement.
All convictions also include additional court fees and the required attendance at a DWI Victim Impact Panel. In some cases, you may be required to be assessed for alcohol dependency and to complete a rehabilitation program as part of your probation.
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Can My Charge Be Dismissed or Reduced?
The good news is that it’s much easier to reduce or to dismiss the charges of a first-time DWI than it is with a felony DWI or consecutive charges. A knowledgeable DWI attorney in Nassau County understands how to navigate NY law and work to have your charges reduced or dismissed.
Here are a few ways an attorney can help you with your DWI case in New York:
- Conditional license: In many instances, DWI attorneys can help defendants receive a conditional license to get to work and other important appointments after their license has been suspended.
- Diversion programs: In NY, these programs offer reductions in charges if you agree to complete a drug/alcohol rehabilitation program. An attorney can help you decide if a diversion program is an option.
- Proving error: Just like everyday people make mistakes, so do police officers when they arrest people for DWI. A DWI attorney will make sure an officer had probable cause to pull you over and give you a breathalyzer or blood test, and that all procedures were followed properly.
Also, breathalyzer and BAC level tests are not always 100% accurate. A Nassau County DWI attorney can review the details of your case and present evidence to the court on your behalf. Strategically, an attorney will look for errors in your case that could lead to the dismissal of certain evidence against you, or in some cases, have your charges thrown out.
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Contact the Nassau County DWI attorneys today
Although a first time DWI might not seem like a big deal, potential jail time, heavy fines and losing your license can cause you and your family extreme hardships. Having a DWI defense attorney in Nassau County can help you navigate the law and present the best strategy to get your charges dropped or dismissed.
At the Law Office of Richard Hochhauser, our DWI attorney understands how the courts and prosecutor will try to convict you, and will take the necessarily steps to defend your rights so that you maintain your freedom and driving privileges. If you or a loved one is facing DWI charges in Nassau County, call our qualified DWI defense attorney today at (516) 939-1529 or contact us online to discuss the detail of your case.
