Aggravated Driving While Intoxicated (DWI) is a serious offense with severe consequences in the state of New York. It refers to operating a motor vehicle with a blood alcohol concentration (BAC) level of 0.18% or higher, which is more than double the legal limit. The impact of being convicted of aggravated DWI can be far-reaching, affecting various aspects of your life. Understanding these consequences is crucial to make informed decisions and taking necessary steps to defend your rights.
If you or someone you know is facing charges of aggravated DWI on Long Island, New York, it is imperative to seek immediate legal assistance. At Edward Palermo Criminal Defense, our team of skilled Long Island DWI attorneys can navigate the complex legal process, challenge the evidence against you, and work towards minimizing the consequences you may face. Don’t underestimate the impact of an aggravated DWI conviction – take action today to protect your rights, reputation, and future. Contact us today at (516) 280-2160 or (631) 265-1052 to schedule a consultation.
Charges of Driving While Impaired or Driving Under the Influence (DWI or DUI) refers to a driver operating a motor vehicle while impaired by alcohol or drugs.
In New York, a driver can be charged with a per se DWI if he or she is found to have been operating a vehicle with a blood alcohol concentration of 0.08% or higher. The primary distinction between a regular DWI charge and an Aggravated DWI charge is the severity of the offense. Aggravated DWI usually involves factors that significantly increase the risk of harm or demonstrate a blatant disregard for the safety of others on the road.
Some common factors that elevate a DWI to an aggravated level include having a high blood alcohol concentration (BAC), endangering a child, causing injury or death, or having multiple prior DWI convictions.
In New York, the legal limit for BAC is 0.08% for drivers aged 21 years and above. Drivers with BAC levels at or above this limit can be charged with DWI. New York also has a lower BAC threshold for commercial drivers (0.04%) and drivers below the age of 21 (0.02%). However, having a significantly higher BAC can result in an Aggravated DWI charge.
The specific BAC threshold for aggravated DWI in New York is 0.18%. Drivers found to have BAC levels higher than 0.18% can face advanced charges as driving with a high BAC indicates that the driver consumed a substantial amount of alcohol. As such, the law considers them more likely to cause severe accidents or fatalities compared to drivers with lower BAC levels. Consequently, the penalties for Aggravated DWI are more substantial than those for standard DWI cases.
One of the most concerning factors that can exacerbate a DWI case is the presence of a minor in the vehicle at the time of the arrest. Courts and prosecutors generally view this as particularly reckless behavior, as it endangers the life and well-being of a child who cannot protect themselves or make informed decisions.
New York has a dedicated piece of legislation, Leandra’s Law, aiming to penalize instances of drivers endangering the welfare of children by driving under the influence, regardless of whether the instance is a first offense. Under Leandra’s Law, driving under the influence with a child aged less than 16 years old in the car carries enhanced penalties, such as increased fines, a sentence of up to 4 years in state prison, and a Class E felony charge.
These circumstances can significantly influence the outcome of an aggravated DWI case. Aggravated DWI results from a higher level of impairment and child endangerment compared to standard DWI cases. The penalties for Aggravated DWI are considerably more severe than standard DWI charges and often include jail time, heavy fines, and longer license suspensions or revocations.
Driving while intoxicated (DWI) is already a serious criminal offense in New York. The consequences become even more severe in cases of aggravated DWI. An aggravated DWI occurs when a person is found to be driving with a blood alcohol content (BAC) of 0.18% or higher. Conviction of an aggravated DWI can have advanced penalties compared to a per se DWI including the following:
New York State imposes strict penalties on individuals who are charged with an aggravated DWI. These penalties vary based on the offender’s previous DWI history, the BAC level, and the specific circumstances of the case.
First-time aggravated DWI offenders in New York face a Class E felony charge. The maximum criminal penalties for a first-time offender include:
For a per se conviction under Leandra’s Law, offenders can face up to four years in prison and to $5,000 in fines. If the child is harmed, additional penalties may apply:
Additionally, a first-time offender’s vehicle might be outfitted with an ignition interlock device for at least six months.
Repeat offenders face even harsher penalties, often depending on how recently the prior offense occurred. If a second aggravated DWI occurs within ten years of the first, the individuals are charged with a class E felony, facing the following maximum penalties:
If a third aggravated DWI occurs within ten years, the offender is charged with a class D felony. The maximum penalties for a third-time offender include:
| Legal Consequences of Aggravated DWI in New York | Criminal Penalties | License Consequences | Driver Responsibility Assessment (DRA) |
|---|---|---|---|
| First-Time Offenders | Up to one year in jail, Fine: $1,000 to $2,500, Mandatory attendance at a New York State drinking driver program (DDP) | One-year license revocation | $250 per year for three years |
| Repeat Offenders | Up to four years in prison, Fine: $1,000 to $5,000, Mandatory attendance at a drinking driver program | License revocation for at least 18 months | $250 per year for three years |
| Third-Time Offenders | Up to seven years in prison, Fine: $2,000 to $10,000, Mandatory attendance at a drinking driver program | License revocation for at least 18 months | $250 per year for three years |
New York courts impose license suspension or revocation in all aggravated DWI cases. First-time offenders face a one-year license revocation, while repeat offenders may face a longer revocation period. It is important to note that license suspension is different from revocation. A suspended license can be reinstated after a specific period, while a revoked license requires reapplication for a new license.
Aggravated DWI offenders may be required to install an ignition interlock device (IID) in their vehicle. The IID is connected to the vehicle’s ignition system and requires the driver to blow into the device before starting the car. If the device registers any alcohol on the driver’s breath, the car will not start. The cost of IID installation and maintenance is the offender’s responsibility.
In addition to criminal penalties and license suspensions, New York State also imposes an annual driver responsibility assessment (DRA) on individuals with an aggravated DWI conviction. A DRA is a monetary penalty, separate from any fines imposed as part of a criminal sentencing. The DRA for an aggravated DWI conviction is $250 per year for three years.
The penalties for aggravated DWI in New York are severe and can have a profound and lasting impact on your life. From substantial fines and license revocation to mandatory alcohol assessment and potential imprisonment, the consequences are significant. Moreover, the social and personal ramifications of a conviction can be equally challenging, affecting your reputation, relationships, and future opportunities.
Understanding the gravity of an aggravated DWI conviction is crucial, as it underscores the importance of seeking competent legal representation to navigate the complexities of the legal system. An experienced Long Island DWI defense attorney can help you build a strong defense, challenge the evidence against you, and work towards minimizing the impact of a conviction.
Driving While Intoxicated (DWI) charges can be difficult to fight, but when you are faced with aggravated DWI charges, the stakes get higher. Aggravated DWI typically involves higher BAC levels or additional factors that make the offense more severe. If you are facing aggravated DWI charges, it is important to understand the possible defenses available to challenge these charges and protect your rights.
The first defense strategy against an aggravated DWI charge may involve challenging the legality of the traffic stop. Law enforcement officers must have reasonable suspicion of criminal activity or a traffic violation to conduct a traffic stop. If the defense can demonstrate that there was no reasonable suspicion for the traffic stop, all evidence obtained during the stop may be suppressed, and the charges may be dismissed.
To challenge the validity of the traffic stop, your attorney may review dashcam footage, police reports, and other documentation to determine if the officer had a legitimate reason to stop you. Your attorney may also examine whether the officer followed proper procedures during the stop.
BAC test results are often a crucial piece of evidence in a DWI case. If the defense can challenge the accuracy or reliability of these test results, it could lead to a dismissal or reduction of the charges. Some ways to challenge BAC testing results include:
Certain medical conditions can interfere with BAC testing and result in falsely elevated readings. For example, diabetes or acid reflux can cause an individual to have a higher BAC reading than they actually have. Additionally, certain medications or mouthwashes can also impact the test results.
If you have a medical condition or were using medications or products that could have contaminated the BAC test, your attorney may use this information to argue that the test results are unreliable and should not be used as evidence against you.
If the arresting officer violated your constitutional rights or failed to follow proper procedures, the evidence collected against you may be inadmissible in court. Some common procedural violations include:
If your attorney can demonstrate that a procedural violation occurred, the charges against you may be reduced or dismissed altogether.
Field sobriety tests are often used by law enforcement officers to determine if an individual is under the influence of alcohol. However, these tests can sometimes be subjective and can be influenced by a variety of factors, such as your physical condition, the weather, and the officer’s training.
If the field sobriety tests were not administered correctly, or if the officer did not accurately evaluate your performance on the tests, your attorney may use this information to challenge the officer’s determination that you were impaired. This could potentially lead to a dismissal or reduction of the charges against you.
Several defenses can be used to challenge aggravated DWI charges. These include challenging the validity of the traffic stop, questioning the reliability of BAC testing, highlighting medical conditions or contamination issues, exposing procedural violations, and scrutinizing the improper administration of field sobriety tests. It is important to consult with an experienced DWI attorney to discuss the best defense strategy for your case.
An aggravated DWI (Driving While Impaired) conviction can wreak havoc on your personal and professional life. The consequences of an aggravated DWI are more severe than a standard DWI, especially if there are multiple offenses. This is due to aggravating factors such as an extremely high blood alcohol content (BAC), causing bodily harm, or driving with a minor in the vehicle. Aside from the legal penalties, a conviction of aggravated DWI can have the following non-legal consequences on a person’s life:
An aggravated DWI conviction can have significant consequences on your employment and job prospects. Employers often conduct background checks before hiring or promoting employees. A DWI conviction of any kind signals a lack of judgment and irresponsibility, which can be a red flag for employers.
Furthermore, certain jobs may require a clean driving record or a commercial driver’s license (CDL). A DWI conviction can disqualify you from obtaining or maintaining these licenses, which can limit your employment options. For example, you may be ineligible to work as a truck driver, delivery driver, or in any profession where driving is a primary responsibility. Additionally, if your current job requires driving and you lose your license due to an aggravated DWI, you risk losing your job as a result.
If you are convicted of an aggravated DWI while employed, your employer may decide to terminate your employment due to the negative publicity associated with such a conviction. They may also be concerned about the potential liability or increased insurance costs associated with having an employee with a damaged driving record.
One of the immediate consequences of an aggravated DWI conviction is an increase in your auto insurance premiums. Insurance companies regard drivers with DWI convictions as high-risk and adjust premiums accordingly.
Depending on the severity of the DWI and other factors, your insurance premiums could double or even triple following a conviction. This can create a significant financial burden as you not only face increased monthly premiums but also the initial fines and penalties associated with the conviction.
Immigration authorities take criminal convictions, especially those involving serious offenses such as aggravated DWI, into account when evaluating an individual’s admissibility or eligibility for certain immigration benefits.
When considering an immigration application, including visa applications or applications for permanent residency (green card), immigration authorities assess factors such as moral character and criminal history. An aggravated DWI conviction, while not grounds for immediate removal, can raise concerns about a person’s moral character and may negatively impact their immigration status.
The social stigma associated with an aggravated DWI conviction can be just as damaging to your personal life as the legal and financial consequences. Friends, family, and acquaintances may view you as irresponsible or reckless, which can strain relationships and make it difficult to form new connections.
If your conviction becomes public knowledge, you may face judgment and ostracization from your community, especially if you are well-known or if the conviction is particularly newsworthy. This can lead to feelings of isolation, depression, and anxiety as you struggle to rebuild your reputation and regain the trust of those around you.
An aggravated DWI conviction can severely limit your ability to travel both domestically and internationally. While your driver’s license is suspended or revoked, you will be dependent on public transportation or the assistance of friends and family to get around.
In addition, some countries may deny entry to individuals with criminal convictions, including aggravated DWI. This can hinder your ability to travel abroad for work or leisure purposes. It is important to research the entry requirements for any country you plan to visit to ensure that your criminal record will not impede your ability to travel.
The effects of an aggravated DWI conviction go beyond legal penalties and can have long-lasting consequences on your personal and professional life. Such a conviction can impact your employment, increase insurance premiums, create social stigma, and restrict travel opportunities. If you are facing an aggravated DWI charge, it is crucial to seek legal counsel to help minimize the potential damage to your life.
The consequences of an aggravated DWI conviction in New York can be life-altering, affecting your personal and professional life, and potentially leading to significant penalties. It is crucial to understand the gravity of the situation and take proactive steps to protect your rights and future.
If you or someone you know is facing charges of aggravated DWI in New York, do not face this situation alone. Seek the guidance of an experienced DWI defense attorney who can provide the necessary legal support and advocate on your behalf. Experienced Nassau and Suffolk County DWI attorney Edward Palermo has defended the rights of numerous clients against charges of aggravated DWI. Our team of legal professionals can investigate the circumstances of your case and build a tailored legal strategy. To speak with a top-rated DWI attorney, contact us today at (516) 280-2160 or (631) 265-1052 to schedule a consultation.
Drunk driving is a serious threat to public safety, and in order to combat this issue, the state of New York has implemented strict laws and penalties for those convicted of driving under the influence (DUI). Understanding these laws, especially on Long Island, NY, is important for drivers in order to prevent accidents, injuries, and legal consequences. This article discusses the basics of New York State DUI/DWI laws, the definition of a vehicle for DUI purposes, and the legal blood alcohol concentration limit.
One common question that arises is whether or not you can be charged with a DUI while riding a bicycle. At Edward Palermo Criminal Defense, our team of experienced Long Island DWI lawyers has assisted clients in navigating the complexities of the legal system. We understand the importance of knowing your rights and responsibilities as a cyclist and the potential consequences of the different DWI charges and penalties on Long Island. Our attorneys provide valuable insight and information and work diligently to help secure the best possible outcome in our clients’ cases. Contact us today to schedule a consultation at (516) 280-2160 or (631) 265-1052.
New York State has a stringent set of DUI laws designed to discourage individuals from driving while intoxicated. These laws are referred to as Driving While Intoxicated (DWI) in the state of New York, with penalties depending on the nature of the offense and the driver’s prior history. The basic categories of alcohol and drug-related violations in New York are:
Depending on the charge and the driver’s history, penalties for these offenses could include fines, license suspension or revocation, mandatory attendance in an alcohol/drug rehabilitation program, and jail time.
In New York State, DUI laws apply to the operation of any motorized vehicle on public roads, highways, or other publicly accessible areas. This includes:
It is important to note that DUI laws do not apply to non-motorized bicycles or other self-propelled vehicles. However, riding a bicycle or other non-motorized vehicle while intoxicated can still be dangerous and result in other legal consequences.
On Long Island and throughout New York State, the legal blood alcohol concentration (BAC) limit depends on the age and type of driver. For drivers aged 21 and older operating a non-commercial vehicle, the BAC limit is 0.08%. For commercial vehicle operators, the limit is reduced to 0.04%.
New York State follows the Zero Tolerance law for drivers under the age of 21, making it illegal to drive with a BAC of 0.02% or higher. This law is aimed at preventing youth from drinking and driving, given their inexperience and heightened risk for fatal crashes.
Law enforcement officers use a breathalyzer or similar tests to determine a driver’s BAC when they suspect impairment. Refusing to submit to a BAC test can result in immediate license suspension and further penalties.
Understanding the nuances of DWI laws on Long Island, NY is crucial for drivers, as it ensures compliance with the law and promotes safer roads. Familiarize yourself with the types of offenses, the definition of a vehicle for DWI purposes, and the legal BAC limits according to your age and the type of vehicle you operate.
Riding a bicycle under the influence of alcohol or drugs (DUI) can lead to severe consequences for both the cyclist and other road users. Despite the risks associated with cycling while intoxicated, many people still engage in this dangerous behavior. Several factors contribute to the prevalence of bicycle DWI, ranging from societal attitudes towards cycling to leniency in traffic laws. This article explores the factors influencing bicycle DWI and provides insight into the dynamics that contribute to this hazardous behavior.
One of the primary factors influencing bicycle DWI is the difference in perception and social norms between cyclists and motor vehicle drivers. While drunk driving is generally stigmatized and viewed as a severe offense, intoxicated cycling may not be seen as equally dangerous by some people. This difference in perception could stem from the idea that bicycles are not as potentially lethal as motor vehicles, thereby resulting in a reduced sense of responsibility for cyclists.
Moreover, the social aspect of cycling may contribute to a greater likelihood of bicycle DWI. For instance, group cycling events or casual rides with friends may involve alcohol consumption, which can lead to impaired cycling decisions. In contrast, driving a motor vehicle is often considered a more individual responsibility, with designated drivers assigned to ensure the safety of their passengers and fellow road users.
Another factor contributing to bicycle DWI is the variation in traffic laws and guidelines governing bicycle and motor vehicle operation. In many jurisdictions including New York, DWI laws primarily focus on motor vehicles, resulting in less stringent regulations or potentially unclear guidelines for cyclists. These legal differences can make it difficult to determine when a cyclist is operating under the influence, contributing to a lack of enforcement and reduced deterrence for intoxicated cycling.
Additionally, such differences in penalties can create a perception that cycling under the influence is a lesser offense, encouraging some individuals to engage in such risky behavior without fear of significant repercussions.
The interactions that cyclists have with other road users can also play a role in influencing bicycle DWI behaviors. In some cases, cyclists may feel less accountable for their actions due to the perceived vulnerability they experience while sharing the road with larger and more dangerous motor vehicles. This feeling of vulnerability can lead to cyclists taking greater risks in their riding behaviors, including operating their bikes while under the influence of alcohol or drugs.
Furthermore, the lack of cycling-specific infrastructure in many areas can exacerbate the issue of bicycle DWI. With limited safe spaces for bike riders, such as dedicated bicycle lanes, intoxicated cyclists are forced to navigate complex roadways with other motor vehicles. Impaired judgment and decision-making can result in severe accidents, injuries, and fatalities involving both cyclists and other road users.
The factors that influence bicycle DWI are multifaceted, including differences in societal perceptions, legal regulations, and interactions with other road users. Addressing these issues requires a comprehensive approach that includes educating cyclists and motorists about the dangers of impaired cycling, updating traffic laws to better account for bicycle DWI, and creating safer spaces for cyclists to navigate through town and city streets. Until these factors are adequately addressed, the problem of bicycle DWI will continue to pose a significant risk to both cyclists and other road users.
Bicycling under the influence of alcohol or drugs is a dangerous and potentially illegal act, with consequences ranging from fines to potential injury or death. Riding a bicycle while drunk or high not only puts the bicyclist at risk but also poses a threat to the safety of others on the road.
Operating a bicycle completely manually while drunk is not illegal under New York’s DWI laws. This also applies to manually powered vehicles such as kick scooters, skateboards, and roller skates. However, if the bicycle has been rigged with a motor or is motorized, a DWI would be treated in the same manner as if the cyclist was operating a motorcycle and they may be charged with a DWI.
According to the New York State Vehicle and Traffic Law, Section 1146, bicyclists have the same rights and duties as drivers of motor vehicles. Bicyclists, provided that their vehicles are not motorized, are in the same class as pedestrians and are afforded the same protections. However, if the vehicle in question is a motorized bicycle, the bicyclist is subject to the same laws as anyone operating a motor vehicle.
Moreover, bicyclists found to be under the influence may face fines, probation, or even jail time, depending on the severity of the offense and the discretion of the judge.
Aside from the potential legal penalties, a bicyclist charged with operating under the influence may suffer collateral consequences as well. These consequences can impact the individual’s personal and professional life. For example, a criminal conviction may affect a person’s employment opportunities or the ability to secure housing. Some professional licenses or certifications may also be at risk.
Additionally, a bicyclist convicted of an alcohol or drug-related offense may face social stigma and damaged personal relationships. Insurance rates for auto policies may increase as well, as insurers may view the individual as high risk. It is essential to note that these collateral consequences can have a lasting effect, long after the legal penalties have been resolved.
Perhaps the most significant consequence of bicycling under the influence is the danger it poses to both the bicyclist and other road users. Alcohol and drugs impair a person’s ability to operate a bicycle safely, affecting balance, coordination, and judgment. This increases the likelihood of accidents, putting not only the bicyclist but also pedestrians, other bicyclists, and motorists at risk.
Bicycling under the influence increases the likelihood of crashes, resulting in injuries or fatalities for the rider or others involved. Injuries can be severe, including traumatic brain injuries, spinal cord injuries, and broken bones. In some cases, the consequences can be fatal.
Furthermore, bicycling under the influence may also damage public perceptions of bicycling as a safe and responsible form of transportation, potentially undermining advocacy efforts for improved bicycling infrastructure and policies.
The potential consequences of bicycling under the influence are far-reaching, affecting legal penalties, collateral damage, and the safety of the bicyclist and others on the road. It is essential for individuals who choose to ride bicycles to be aware of the dangers and their responsibilities, ensuring that they operate their bicycles in a safe and responsible manner at all times.
| Consequences of Bicycling Under Influence | Details |
|---|---|
| Legal Penalties | Bicyclists found to be under the influence may face fines, probation, or even jail time, depending on the severity of the offense and the judge’s discretion. |
| Collateral Consequences | A bicyclist charged with operating under the influence may face collateral consequences that can impact personal and professional life. |
| Social and Personal Impact | A bicyclist convicted of an alcohol or drug-related offense may face social stigma and damaged personal relationships. |
New York State Senate Bill S4141 is a piece of legislation that prohibits the operation of a bicycle while under the influence of drugs or alcohol. The bill recognizes the dangers of bicycling while impaired and seeks to promote responsible behavior and reduce the risk of accidents and injuries on the roads. As of writing, the bill is yet to pass at the Transportation Committee.
Bicycling under the influence of drugs or alcohol can be extremely dangerous, as it impairs a rider’s judgment, reaction time, and coordination. By making it illegal to ride a bicycle while under the influence, the bill seeks to discourage reckless behavior and promote responsible bicycling practices.
While NYS Senate Bill S4141 has not been passed into law, it is important to be aware of the potential consequences of driving a bicycle while under the influence. Being charged with a DWI/DUI in New York can carry serious legal and non-legal repercussions on a person’s life.
Understanding your rights and responsibilities as a driver is important, regardless of the vehicle you use. Whether you use a bicycle or a motor vehicle, your knowledge of your can prevent potential altercations and issues with law enforcement down the line.
If you or someone you know is facing DWI charges on Long Island, it is important to seek the help of an experienced attorney. Ed Palermo has a proven track record of successfully defending clients against DWI charges and minimizing the legal consequences of a conviction.
Don’t face DWI charges alone. Contact Edward Palermo Criminal Defense today to schedule a free consultation. Our team of experienced Long Island DWI/DUI attorneys can help defend your rights and minimize the potential penalties of a DWI conviction. Contact us today at (516) 280-2160 or at (631) 265-1052.
DWI charges and penalties on Long Island can vary based on the circumstances of each case. If you’ve been arrested for driving while drunk, it is important to understand the type of charge you may be facing. Speak with an experienced Long Island DWI lawyer before you make any decisions or agree to any plea.
A person is guilty of Driving While Ability Impaired by alcohol or DWAI if they operate a motor vehicle while their ability to do so is impaired to any extent by the consumption of alcohol. Under the law, a person is guilty of a DWAI if they drive a motor vehicle on a public highway after consuming alcohol and their ability to operate that motor vehicle as a reasonable and prudent driver is impaired to any extent.
A first offense Alcohol-DWAI charge is considered a traffic infraction — It is not a crime. In comparison, a first-offense conviction for a DWI, a Drugs-DWAI, and a Combination-DWAI are misdemeanor crimes.
A person who participates in a drug and alcohol rehabilitation program can be eligible for a conditional license while their license is suspended.
Additional penalties:
A second offense DWAI following a prior DWI- or DWAI-related conviction will carry the following penalties:
Alternatively, a judge can require the defendant to perform 30 days of community service instead of serving a prison sentence. Some defendants who attend a drug and alcohol rehabilitation program can get a conditional license. However, if a defendant has been convicted of an impaired driving offense in the last 5 years, they will not be eligible for the program, and consequently, the conditional license.
A defendant who has been convicted of a DWI or DWAI offense in the last 5 years or has a prior license revocation for refusing a chemical test can also be subject to a license revocation of 1.5 years in addition to the suspension.
To be eligible for registration for a new driver’s license, in replacement of their revoked one, the DMV requires defendants to be subject to the following:
As with the second offense, a defendant can avail of a conditional license provided that they have not been convicted of a DWI or DWAI offense in the last five years and did not refuse a chemical test for BAC. The defendant would have to attend a drug and alcohol rehabilitation program to be eligible for the conditional license to be able to drive during their suspension period.
A defendant who has been convicted of a DWI or DWAI offense in the last 5 years or has a prior license revocation for refusing a chemical test can also be subject to a license revocation of 1.5 years in addition to the suspension. This is in addition to paying a $750 civil penalty fee.
For a third-offense Alcohol-DWAI, the following penalties are mandatory. Failure to comply can result in additional license suspension:
Under New York’s laws, a person is considered Driving While Intoxicated (DWI) if:
A person is considered guilty of a Drug-DWAI offense if they operated a vehicle and:
A person is considered guilty of a Combination-DWAI offense if:
The full list of controlled substances can be found under New York State Public Health Law 3306.
Administrative Penalty: The court will suspend a defendant’s license while the criminal prosecution is pending if they were found to have a BAC of .08% or higher. The court will also suspend the defendant’s license if they refuse to take a chemical test. If the refusal is confirmed at the DMV hearing, the driver’s license will be revoked for a year and the defendant will have to pay a $500 civil penalty.
Unlike a first offense Alcohol-DWAI which is a traffic infraction, a first-offense conviction for a DWI is considered a misdemeanor crime.
Additional penalties:
Administrative Penalty: The court will suspend a defendant’s license while the criminal prosecution is pending if they were found to have a BAC of .08% or higher. The court will also suspend the defendant’s license if they had refused to take a chemical test. If the refusal is determined unlawful at the DMV hearing, the defendant’s license will be revoked for a year and the defendant will have to pay an additional $750 civil penalty.
The defendant can be subject to a license revocation of 1.5 years in addition to their license being suspended prior to the criminal hearing. If the defendant:
Criminal Penalty: A second conviction of a DWI within ten years is considered a Class E felony. A defendant may also be subject to the following penalties:
Additional penalties:
Administrative Penalty: The court will suspend a defendant’s license while the criminal prosecution is pending if they were found to have a BAC of .08% or higher. The court will also suspend the defendant’s license if they had refused to take a chemical test. If the refusal is determined unlawful at the DMV hearing, the defendant’s license will be revoked for a year and the defendant will have to pay an additional $750 civil penalty.
The defendant can be subject to a license revocation of 1.5 years in addition to their license being suspended prior to the criminal hearing. If the defendant:
Criminal Penalty: A third conviction of a DWI within ten years is considered a Class D felony. A defendant may also be subject to the following penalties:
Additional penalties:
A person is guilty of aggravated DWI if:
Compared to other impaired driving offenses, New York laws have more severe punishments for aggravated DWI.
Aggravated DWI per se is classified as a misdemeanor under New York’s driving laws. while Aggravated DWI with a child passenger is a class E felony.
A person convicted of a first-offense aggravated DWI will also be subject to the following penalties:
Both types of Aggravated-DWI are considered class E felonies if the defendant has been convicted of a DWI, Aggravated-DWI, Drug-DWAI, or Combination-DWAI within the last 10 years. In addition, the defendant will be subject to the following penalties:
Both types of Aggravated-DWI are considered class D felonies if the defendant has had two prior convictions of a DWI, Aggravated-DWI, Drug-DWAI, or Combination-DWAI within the last 10 years. In addition, the defendant will be subject to the following penalties:
Regardless of whether the defendant has had a previous conviction, they will also be subject to the following penalties:
| Offense | Mandatory Fine | Maximum Jail Term | Mandatory Driver’s License Action |
|---|---|---|---|
| Alcohol-Driving While Ability Impaired (DWAI) First Offense | $300 – $500 | 15 Days | Suspended for 90 days |
| Alcohol-Driving While Ability Impaired (DWAI) Second Offense | $500 and $1,000 | 30 Days | Suspended for 6 months |
| Alcohol-Driving While Ability Impaired (DWAI) Third and Subsequent Offenses | $750 and $1,500 | 180 Days | Suspended for 6 months |
| Driving While Intoxicated (DWI), Drug-DWAI, Combination-DWAI First Offense | $500 to $1,000 | 1-4 Years | Revoked for 6 months |
| Driving While Intoxicated (DWI), Drug-DWAI, Combination-DWAI Second Offense | $1,000 to $5,000 | 1-4 Years | Revoked for 1 year |
| Driving While Intoxicated (DWI), Drug-DWAI, Combination-DWAI Third and Subsequent Offenses | $2,000 to $10,000 | 1-7 Years | Permanent Revocation if three impaired driving convictions, refusals, or combination of convictions and refusals within a 4-year period. |
In an effort to enhance New York’s anti-drunk driving laws, lawmakers have been encouraged to adopt a series of measures proposed by Mothers Against Drunk Driving (MADD). One key provision involves reducing the driving while intoxicated (DWI) threshold from 0.08% to 0.05% blood alcohol content (BAC), which MADD believes could lead to a decrease in roadway fatalities.
The proposed legislation aims to build on existing DWI laws, such as mandating ignition interlocks for convicted drunk drivers and classifying a DWI with a child passenger as a felony. MADD’s appeal to state legislators follows an observed increase in drunk driving incidents during the COVID-19 pandemic, as well as a rise in drunk driving-related deaths from 256 to 283 before the crisis began.
In addition to lowering the DWI threshold, MADD is pushing for a more robust ignition interlock law, applicable to a larger number of drivers convicted of DWI. The group also advocates for new regulations addressing impaired driving in light of the state’s legalization of recreational cannabis, as well as keeping pace with synthetic and designer drugs.
Notably, no new DWI laws were introduced in New York in 2022, emphasizing the importance of implementing these stricter measures to combat drunk driving and improve road safety.
If you have been charged with a DWI in Nassau County or Suffolk County, we may be able to help. Experienced DWI attorney Edward Palermo has provided quality legal representation and counsel to Long Island residents charged with impaired driving offenses. At Edward Palermo Criminal Defense, our qualified DWI attorneys can conduct a strategic and comprehensive study of your case. Contact us today at (516) 280-2160 or (631) 265-1052 to schedule a free consultation with one of our qualified Long Island DWI attorneys.
On Long Island, NY getting convicted of Driving While Intoxicated (DWI) can result in severe penalties. As a state with one of the toughest DWI laws, New York drivers can face steep fines, suspension or revocation of their licenses, and a possible prison sentence. It is important to get the assistance of an experienced Long Island DWI attorney who can help you understand your rights and represent your best interests.
Edward Palermo, a top-rated Long Island DWI attorney, has helped represent the rights of Suffolk County and Nassau County residents with complex DWI/DUI cases on Long Island. He has a long-standing record of successfully defending his clients and providing quality legal advice on matters of DWI/DUI and criminal defense. Contact Edward Palermo Criminal Defense today at (516) 280-2160 or (631) 265-1052 to schedule a free initial consultation on your case.
There are a lot of alcohol-related driving offenses under New York law. It can be very confusing to try and remember each one but as a simple answer to the question of whether DWI is a felony on Long island: it depends. Each DWI case is different and the different circumstances of a case can determine whether it will carry felony charges. Understanding the anatomy of a DWI case will help us determine what are the aggravating and mitigating factors involved in alcohol-related offenses on Long Island.
To understand how alcohol-related charges like DWI work on Long Island, it is important to first gain insight into what a per se DWI charge means. A per se DWI charge means that you were operating a motor vehicle with a blood alcohol content (BAC) of .08 percent. Having a BAC of .08 is considered legally drunk in New York.
A conviction of a first-offense DWI can lead to the following penalties:
Successive convictions of a DWI especially when one already has a previous conviction of an alcohol-related offense (except a DWAI) within the past ten years can lead to a felony DWI conviction. A felony DWI is one of the most severe alcohol-related offenses in New York, carrying a Class E felony charge. A person convicted of felony DWI can face the following penalties:
However, a person can be subject to harsher penalties depending on the number of prior convictions they have and how often they occurred over a specific time frame.
Compared to a per se DWI, drivers found to have been operating a vehicle with a BAC of 0.18, meaning over twice the legal limit of .08 are charged with Aggravated DWI. A first-offense Aggravated DWI conviction is considered a misdemeanor and can carry the following penalties:
If a driver commits the same offense within 10 years of a prior conviction, they may be charged with a Class E felony Aggravated DWI which carries the following penalties:
Hiring an experienced Long Island DWI attorney is crucial in building a strong legal defense and ensuring the best possible outcome in your case.
A third conviction of Aggravated DWI in ten years carries a Class D felony charge and the following penalties:
There is an additional variation to the Aggravated DWI charge wherein a minor is in the car as a passenger. If a driver is found to be operating a vehicle with a BAC of .08 (DWI) or their faculties are otherwise impaired by alcohol (DWAI) while a minor under the age of 16 is present in the vehicle, the driver could be charged with Aggravated DWI – Child in Car also called Leandra’s Law.
Conviction of an Aggravated DWI – Child in Car charge, even for a first-time offense is a Class E felony. Penalties can include the following:
The charges escalate significantly if the driver is involved in an accident and the child sustains a serious injury or dies as a result of the impaired driving:
Regardless of the charges, even for a first offense DWI, a conviction can have a significant impact on a person’s life. If you have been charged with a DWI in Nassau County or Suffolk County or anywhere on Long Island, getting the help of a qualified Long Island DWI attorney should be your priority.
At Edward Palermo Criminal Defense, top-rated DWI attorney Edward Palermo has handled hundreds of DWI/DUI cases and successfully defended the rights of Long Island residents charged with alcohol-related traffic offenses. Our skilled Long Island DWI attorneys work diligently to provide quality legal representation and to build a customized defense strategy to provide clients with the best possible outcome for their cases.
Contact Edward Palermo Criminal Defense today at (516) 280-2160 or (631) 265-1052 to schedule a free consultation with one of our Long Island DWI attorneys.