Given the terms under New York State law, for a first-time DUI offense, which is also referred to as a DWI, in the majority of circumstances, it is a misdemeanor. If there’s a second conviction, however, it becomes a felony, given that the second conviction takes place within a period of five years after the initial conviction. In New York, if there is a third DUI offense within a 10-year period of the initial conviction, then it is regarded as a far more serious felony. In the state of New York, if you are convicted of drinking and driving, there are a number of penalties that you can expect. As such, you should take time to gain some education about the law, and what’s more, get in touch with a DUI lawyer in New York to receive legal counsel. At Greco Neyland, our experienced DUI lawyers are always available to you when you need them. New York DWAI Penalties Similar to numerous other states, in New York, driving under the influence (DUI) and driving while ability impaired by alcohol (DWAI) are, in fact, regarded as different crimes. A DUI is committed when the blood-alcohol content is .08 percent or above. A DWAI also occurs when alcohol impairs driving ability. However, with a DWAI, the blood-alcohol content is less than .08 percent. In New York, for a DWAI offense, if it’s a first-time offense, the penalties include: A fine of between $300 and $500 Up to 15 days’ jail time Suspension of driver’s license of 90 days For a second DWAI offense, you can expect: A fine of between $500 and $750 Up to 30 days in jail Minimum of six months driver’s license suspension DUI Penalties in New York Should your blood-alcohol content be less than .18 percent but equal to or above .08 percent, in New York, you will be charged with a DUI. A conviction of misdemeanor, which is the first DUI conviction, will mean the following: Fine of between $500 and $1,000 Jail time of anything up to one year Minimum driving license revocation of six months If there be a second DUI conviction occur within a 10-year period of the first (in New York, this is considered as an “class E felony”), you can expect the following: A fine of between $1,000 and $5,000 Minimum jail time of five days or community service of 30 days with a maximum jail time of up to four years Minimum driver’s license revocation of a year Ignition interlock device installation For a third-time DUI offender in New York State, given that the conviction occurs within five years of the first, this will be seen as a class D felony. The following penalties could apply: A fine of between $2,000 and $10,000 Minimum jail time of 10 days or community service of 60 days with a maximum jail time of up to seven years Minimum driver’s license revocation of one year, though, with the potential for permanent driver’s license revocation Ignition interlock device installation

Greco Neyland

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