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By: Kimberly Pelesz September 7, 2015
DWI Penalties For First Offense in New York
If you get charged with a DWI, get in touch with a Westchester County DWI attorney immediately. Don't neglect getting legal help, and don't assume that the law will go soft on you because this the first time you have been arrested.
Even if it's your first-time getting convicted for a DWI (driving while intoxicated), it can lead to a jail sentence of up to one year. Penalties for a first offense D.W.I. can include fines from $500 to $1,000, up to a year in jail, up to three years of probation, and a "driver responsibility assessment" fee for three consecutive years. In addition to the fine following a conviction, most motorists must also pay a mandatory surcharge and a mandatory fee for assistance to crime victims. Not including the fine, the additional surcharge and fee may total hundreds of dollars or more. In addition to these penalties, your driver's license can be revoked for six months. In some situations you could receive approval for a conditional driving permit (for driving to and from work, school, and court-ordered obligations). If you get a DWI charge in Westchester, Dutchess, Putnam, Orange, or Rockland County, get immediate legal help from an experienced Peekskill DWI defense attorney.
A good New York D.W.I. defense attorney will assess the details of your case and dispute the state's evidence against you. Chemical test results can be challenged in court; so can the testimony of the arresting officer. In some first-offense cases, a prosecutor may offer to reduce a D.W.I. charge to driving while ability impaired (DWAI) if the offender's blood alcohol content (BAC) level at the time of the arrest was under 0.13 percent, if the offender cooperated by submitting to a breath exam, and if no accident or injury occurred. Penalties for a first offense-DWAI may include fines from $300 to $500, up to 15 days in jail, a 90-day driver's license suspension, and the yearly driver responsibility fee for three years.
If you are arrested for a second or third D.W.I. offense, the penalties become even more severe. If you get arrested a second time for a DWI within a time span of ten years, you could potentially face felony charges. Penalties for a D.W.I. the second time around could include fines of between $1000 and $4000, and a sentence of four years in jail. You could lose your license for one year. Getting convicted of a second D.W.I. within a five year timeframe could cause you to face up to seven years in jail.
It would be a big mistake to assume that the penalties for DWI will be mild, because it's the very first time that you have been arrested for DWI. If you're facing a DWI or DWAI charge anywhere in the Peekskill area, you need the counsel and help of an experienced New York DWI defense attorney who can clarify your options, defend your rights, and guide you through the legal system. If you face any DWI charge in the Peekskill area or anywhere in the region, protect yourself, your freedom, and your driver's license. Reach out to an experienced Peekskill DWI defense attorney at once.
By: Kimberly Pelesz
Family law and criminal defense attorney Kimberly A. Pelesz received a B.S. degree magna cum laude and an M.P.A. degree summa cum laude from Binghamton University. She earned her J.D. from Pace University School of Law in White Plains, where she was selected for Phi Alpha Delta. Her charitable activities include work with My Sisters' Place in White Plains and the Westchester County District Attorney's Humane Education Taskforce.
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