First Offense for DWI in NY

Driving while intoxicated in New York is a serious crime.  Even the first offense.  If you are charged with DWI and convicted it can have very negative consequences on your life.   What exactly are the consequences for a first offense DWI in NY?

DWI Offense Classifications

If you are charged with a DWI, the actual charge will vary based on your Blood Alcohol Content (BAC) level in your blood.

  • Driving While Intoxicated (DWI): BAC of 0.08 or higher
  • Aggravated DWI: BAC of 0.18 or higher.
  • Driving While Ability Impaired (DWAI): Ability to drive as a reasonable driver has been impaired

First Offense Penalties for DWI in NY

If you are convicted of DWI as a first offense, these are the penalties:

    • 6 months license revocation
    • Fine of $500 to $1,000
    • Intermittent incarceration and up to a year in jail
    • Payment of reinstatement fees for license
    • Installation of an Ignition Interlock Device
    • Required attendance at the Impaired Driver Program (formerly called the Drinker Driver Program) ($300)
    • Required attendance at the Victim Impact Panel ($20)
    • Mandatory drug / alcohol evaluation and treatment (approx $250)
    • Community service
    • DMV Driver Responsibility Assessment ($750)

Beyond the criminal and administrative penalties, a DWI will be your record permanently which may affect both current and future employment.  Automotive insurance premiums will typically rise steeply as well.

DWAI Penalties in NY

A DWAI is a lesser DWI charge that can occur with a BAC of 0.05 to 0.07 and with the driver having an impaired driving ability.

    • 90 day license suspension
    • Fine of $300 to $500
    • Possible jail time up to 15 days
    • One year conditional discharge
    • Required attendance at the Victim Impact Panel ($20)
    • Attendance at the Impaired Driver Program (formerly called the Drinker Driver Program) ($300)
    • Mandatory drug / alcohol evaluation and treatment (approx $250)
    • Possible community service

Consult With A DWI Lawyer

If you have been charged with a DWI, you want to retain a DWI lawyer immediately. It is critical to select someone who has a solid reputation and extensive expertise in DWI defense because it is a highly specialized area of the law. If you are in the Rochester, NY area, consult with Wisner & Wisner PLLC immediately.