Driving While Intoxicated (DWI) is one of the most frequent charges against those stopped for drinking and driving. An experienced police officer’s observations provide the basis for this accusation. The office can determine whether the motorist is impaired or drunk by alcohol after conducting standard field sobriety tests (or “SFSTs”).
How DWI Punishments May Be Made More Severe
Serious repercussions from DWI can include fines, license suspension or revocation, and possibly jail time. Many circumstances that make the crime more serious can increase the severity of the penalty. DWI punishment in NYC may be made more severe for a variety of reasons, some of which are as follows:
- Blood Alcohol Concentration (BAC)
New York State’s BAC legal limit is 0.08%. Your punishment may be harsher if your BAC is higher than this limit. You may be prosecuted for operating a vehicle while intoxicated if you consent to the chemical test and have a blood alcohol concentration (“BAC”) of 0.06% or 0.07%. You may be prosecuted for Driving While Intoxicated – Per Se if it is between 0.08% and 0.17%. You can be charged with Aggravated Driving While Intoxicated after your BAC is 0.18% or higher.
- Recurrent Offense
Your subsequent offenses will be taken more seriously and may result in harsher punishments if you have previously been convicted of DWI. The severity of the sentence may also depend on the number of prior convictions and the interval between convictions. You risk spending years—rather than days or months—in state prison if you commit DWI offenses regularly.
It is now deemed a felony if you have previously been arrested for DWI within the last ten years. You will be subject to a mandatory jail term if you receive a second and third felony after being convicted for a first felony.
- Speeding or Reckless Driving
Your sentence may be harsher if you drive recklessly while intoxicated or beyond the speed limit. This is because your acts increase the risk to public safety.
- Refusing to Take a Breathalyzer Test
Your license may be automatically suspended for at least a year in New York State if you refuse to submit to a breathalyzer test. In addition, your sentence can be harsher if you are found guilty of DWI after refusing a breathalyzer test.Finally, speak with a knowledgeable attorney if you are accused of driving while intoxicated so they can explain your legal rights and choices.
