Legal Consequences of simple, aggravated or multiple DWI offenses in New York State

 

If you are convicted of driving while intoxicated (DWI) in New York State, you can expect certain penalties to apply, based on the actual classification of your conviction. There are mitigating factors involved, including whether this is your first offense, your age at the time of said offense, etc., and these will determine what fines and penalities you can be expected to pay.

 

In New York State, your first conviction for DWI with a BAC of .08 percent or higher is classified as a misdemeanor. You will be fined a minimum of $500 up to a maximum of $1,000 and you face spending up to 1 year in jail. Your 2nd conviction for a DWI within 10 years of your first offense will be classified as a Class E felony. You will be fined a minimum of $1,000 up to $5,000. You will also face a minimum jail sentence of up to 4 years. A 3rd DWI conviction is considered a Class D felony. You will be fined a minimum of $2,000 up to $10,000 and you could be sentenced up to 7 years in jail.

 

Driving While Ability Impaired (DWAI) by Alcohol is commonly referred to as DWAI and represents a BAC of between .05 and .07 percent. The first offense is classified as a traffic infraction and carries a fine of $300 to $500 with up to 15 days in jail. A 2nd offense within 5 years of the first is also a traffic infraction with a fine of $500 to $750 and up to 30 days in jail. A 3rd offense of DWAI carries a fine of $750 to $1500 and up to 6 months in jail.

 

The term Aggravated DWI refers to cases that involve "aggravating" factors, or circumstances that make the case more serious than the typical drunk driving charge. The most common example of aggravated DWI under New York law is a blood alcohol concentration that exceeds 0.18 percent. This number represents more than double the .08 percent necessary to support a basic DWI conviction.

 

The following penalties apply to the charges of Aggravated Driving While Intoxicated (AGG-DWI). Your first conviction is a misdemeanor and you are fined a minimum of $1000 to a maximum of $2500. You will face a jail sentence of up to 1 year and your license will be revoked for a minimum of 1 year. If this is your 2nd offense within 10 years, this is considered a Class E Felony and you will be fined $1000 to $5000. Your jail sentence could be up to 4 years and your license will be revoked for a minimum of 18 months. For a 3rd offense or more within 10 years, you will be convicted of a Class D Felony, with a minimum fine of $2000 to $10, 000 maximum. You may be sentenced up to 7 years in jail and your license will be revoked for a minimum of 18 months.

 

Another “aggravating factor” is driving while intoxicated with a child passenger under the age of sixteen. This act refers to Leandra’s Law, which was passed in New York in November of 2009. A person arrested in this situation faces a felony charge, even on a first offense. A driver who operates a vehicle while under the influence with a passenger under the age of sixteen would be guilty of a Class E felony punishable by a fine of up to $5000 and/or up to 4 years in jail. A person who causes the death of someone under the age of 16 will be charged with Aggravated Vehicular Homicide and the penalty increases from a Class B felony to a Class B violent felony. A person who causes serious physical injury to someone under the age of sixteen faces the charge of Aggravated Vehicular Assault and the penalty increases from a Class C felony to a Class C violent felony.

 

One of the worst possible outcomes of driving while intoxicated occurs when an accident leads to the death of another person. A person driving under the influence is guilty of vehicular manslaughter in the second degree when he or she causes the death of another person. In New York, this is classified as a Class D felony. A person is guilty of vehicular manslaughter in the first degree when he or she commits the crime of vehicular manslaughter in the second degree AND either has a BAC of 0.18 or higher, is driving with a suspended or revoked license, has a prior conviction of DUI, or causes the death of more than one person. Conviction of this crime results in a Class C felony. A conviction for any of these is very serious and depending on the circumstances, could result in a jail sentence of 15 years or more.