In the state of New York there are severe penalties if you are convicted of driving while intoxicated. If you are 21 years or older, the Blood Alcohol Concentration (BAC) limit is .08%. If you are under age 21, the BAC limit is .02%. There is also a limit for commercial drivers, their BAC level cannot exceed .04%. The penalties for a DWI charge vary according to the driver's previous record. If there are other DWI offenses, the penalties are harsher. Contact a skilled Brooklyn criminal lawyer if you are facing any type of DWI offense. For a first DWI offense in NY the potential penalties include:
- Up to one year in jail
- A fine between $500 and $1,000
- License suspension for at least six months
- A mandatory surcharge
- Mandatory alcohol evaluation or screening
- Possible ignition interlock device
- Possible driver responsibility assessment
Oftentimes, drivers want to know if there is a way to plead a lesser offense than DWI. In many states, there is the possibility of pleading a "wet reckless" offense rather than DWI. There is no plea bargain option in New York, the state has barred the "wet reckless" statute. If this is a subsequent DWI offense, the penalties increase significantly. For example, a second DWI offense is charged as a class E felony and is punishable by up to four years in jail. The fine increases to between $1,000 and $5,000 plus there is an added 30 day community service requirement. The license suspension is increased to one year and there is a mandatory ignition interlock device requirement. Third and fourth offenses would continue to increase.
If you are facing DWI charges in New York, you need a hard-hitting defense to try to get your charges dismissed. Since there is no option for a plea bargain, you need an experienced Brooklyn criminal defense lawyer to represent you. Call The Law Offices of Michael Mullen to schedule a free consultation and see if we are able to help you!