The state of New York takes driving while intoxicated very seriously. The punishments for both DWI and aggravated DWI can be very similar, though drivers could potentially face additional penalties depending on the circumstances.
A person may face a DWI charge if they are accused of driving a personal vehicle with a blood alcohol content of .08 percent or more. If a person is driving a commercial vehicle, the legal limit drops to a .04 percent or more. A first DWI offense can carry a maximum jail sentence of one year, a $500 to $1,000 fine and a revocation of the person’s driver’s license for six months. The punishments increase for a second offense to a four-year maximum jail sentence, a $1,000 to $5,000 fine and a revocation of the person’s driver’s license for one year.
In order to be charged with an aggravated DWI in the state, a person must have a blood alcohol content that is .18 percent or more. A first offense could lead to a maximum one-year jail sentence, a maximum $2,500 fine and a revocation of the person’s driver’s license for one year. A second offense could lead to a maximum four-year jail sentence, a maximum fine of $5,000 and a revocation of the driver’s license for 18 months.
A person who is facing multiple drunk driving charges could potentially be facing years in jail and expensive fines that they may not be able to afford. A criminal law attorney may potentially defend the person against the accusations. If the authorities conducted a traffic stop on the vehicle, the attorney may argue that the authorities did not have probable cause to pull the vehicle over or that their breathalyzer was not properly calibrated, meaning it gave false results. Otherwise, the attorney may work with the prosecution to reduce the consequences.
