New York DWI Lawyer
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Factors Impacting Impairment
The following factors can impact impairment:
Defending against DWI/DUI Charges
DWI — Dismissed
Approximately one in three traffic deaths in New York state involves someone driving while under the influence (DUI) of alcohol or drugs. It is therefore understandable why a DUI conviction anywhere in the state can result in a harsh penalty. However, the punishment imposed will depend upon a number of factors.
The lowest grade of DUI offense pertains to drivers whose abilities have been impaired, which means that their blood alcohol concentration (BAC) measures between 0.05 and 0.07 percent. The first conviction is considered only a traffic infraction, but can still result in a fine of at least $300, up to 15 days in jail and a 90-day revocation of the person’s license. A second offense occurring within five years of the first can result in a fine of at least $500, up to 30 days in jail and a loss of driving privileges for at least six months. Three or more offenses occurring within 10 years of the previous convictions are considered misdemeanors, with convictions resulting in a minimum fine of $750, a maximum jail term of three months and a loss of driving privileges for at least six months.
he offense of driving while intoxicated (DWI), or with a BAC of 0.08 percent or above, is a misdemeanor that can result in a minimum fine of $500, up to a year in jail and the revocation of one’s license for at least six months. Subsequent offenses of this type are considered felonies, with those so convicted losing their driving privileges for at least one year. A second DWI conviction can result in a minimum fine of $1,000 and a jail term of up to four years. Anyone convicted of three or more DWI offenses could face a maximum fine of $10,000 and up to seven years behind bars.
The most serious consequences face those convicted of aggravated DWI, which can be imposed when the BAC of the motorist is 0.18 percent or higher. A first offense of this type is a misdemeanor, which can result in a minimum fine of $1,000 and up to one year in jail. Subsequent offenses occurring within 10 years of the first are considered felonies, with a second conviction resulting in a minimum fine of $1,000 and up to four years in jail and three or more convictions resulting in a minimum fine of $2,000 and up to seven years behind bars. Additionally, those convicted of aggravated DWI can expect to lose their driving privileges for at least one year. Those under 21 who are convicted of any DUI offense will lose their licenses for at least one year. Additionally, motorists convicted of misdemeanor or felony DUI offenses will be required to have breath-operated ignition systems built into their vehicles, with installation costs being charged to them.