Drinking and driving is perhaps the most serious and dangerous offense a motorist can commit, which is why the state of New York takes it so seriously. If you are charged with a DWI, the courts will not show you sympathy. A DWI conviction may impact the rest of your life, especially if you have injured someone else in the process. This is why if you are being charged with a DWI, the most important thing you can do is hire an experienced attorney who will fight to help mitigate the charges, or in some cases, have them dropped altogether. If you are being charged with a first-offense DWI, here are some of the questions you may have:
What does BAC mean?
BAC stands for Blood Alcohol Content. In New York state, you will most likely be charged with a DWI if your blood alcohol content is above the legal limit. For example, if you are a motorist under the age of 21 and are caught with a blood alcohol content of 0.02% or higher, you are violating New York’s Zero Tolerance Law and may, therefore, be charged with a DWI. If you are over the age of 21 and are caught with a blood alcohol content of 0.08% or higher, you will also most likely be charged with a DWI. Lastly, if you are a commercial truck driver over the age of 21 and are caught with a blood alcohol content of 0.04% or higher, you may also be charged with a DWI.
What are the penalties for an underage first-offense DWI in New York State?
If you are charged with a DWI and are under the age of 21, here are some of the penalties you may face:
- 6-month license suspension
- $100 fee for suspension termination
- $125 civil penalty
- Potential enrollment in the New York Drinking Driver Program (DDP) and associated costs
- Potential installation of an ignition interlock device and associated costs
Additionally, if you are under 21 and refuse to take a chemical test for the first time, here are some of the penalties you may face:
- A $300 civil penalty
- One-year license revocation
- $100 fee to reinstate your license
- $250 annual assessment fine for 3 years
What are the consequences of a first-offense DWI in New York State?
- 6-month license revocation
- Possible fines ranging from $500-$1000
- Up to 1 year of jail time
- Potential enrollment in the DDP and applicable costs
If you are older than 21 and refused to take a chemical test, you may face a 1-year license revocation (18 months for commercial drivers) and have to pay a $500 civil penalty ($550 for commercial drivers).
Contact our New York firm
The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.
