New York Criminal Defense Lawyer

DWI/DUI Penalties

DWI/ DUI Penalties in Brooklyn, NY

The Law Offices of Michael Mullen

DWI convictions in the state of New York have severe penalties. Not only are there penalties for driving under the influence, but there are also penalties if you refuse to submit to a chemical test. New York state law has an implied consent law, which means that refusing a chemical test can have consequences. The penalties for a chemical test refusal includes a fine and license suspension. The length of the suspension depends on if it is your first refusal or if you had refused a chemical test in the past. For a first refusal, your license could be suspended for one year.

If you refuse to perform a test again, the license suspension could be increased to 18 months. Speak with a Brooklyn DWI lawyer from our firm if you have questions or need representation. For DWI offenses, the breakdown of penalties includes:

What Are the Penalties for a DWI Offense?

First DWI Offense in NY:

  • Up to one year in jail
  • A fine between $500 and $1,000
  • At least a six-month license suspension
  • Mandatory surcharge payment
  • Alcohol screening or evaluation
  • Possible ignition interlock device

Second DWI Offense in NY: Class E felony

  • Between five days and four years in jail
  • 30 days of community service
  • A fine between $1,000 and $5,000
  • At least a one-year license suspension
  • Ignition interlock device installation

Third DWI Offense in NY: Class D felony

  • Between 10 days and seven years in jail
  • 60 days of community service
  • A fine between $2,000 and $10,000
  • At least a one-year license suspension
  • Ignition interlock device installation
  • Alcohol assessment
  • Mandatory surcharge payment

Any of these offenses can be aggravated if there was the presence of a passenger under the age of 15 in the vehicle at the time. If this is the case, the offense can be charged as a Class E felony punishable by up to four years in jail and a fine of up to $5,000. If the defendant in this type of case is a parent or guardian of the child in the vehicle, a report to Child Protective Services is required.

Seek Representation From a Brooklyn Criminal Lawyer

As seen above, the penalties for DWI offenses are harsh. Also, in the state of New York there is no option for a plea bargain. In many states, attorneys can have charges reduced to "wet reckless," which is a reckless driving offense involving alcohol. Wet reckless offenses hold lesser penalties than DWI, but New York statutes have barred this plea bargain. This makes it even more important that you team up with The Law Offices of Michael Mullen to fight against your DWI charges.

There are several defenses that can be made on your behalf in an attempt to have your charges dismissed. First, we can challenge the probable cause for pulling you over. Then if tests were performed, we can investigate the officer's performance and accuracy when administering the test. The tests themselves are also sometimes inaccurate and we can look into this defense. We can collect witness statements that challenge the officer's testimony. Call our firm to discuss other defenses in your unique case.

Need an Attorney for Your DWI Case in New York?

If you are facing DWI charges in New York, you need to contact The Law Offices of Michael Mullen right away. It is beneficial to have an experienced DUI attorney in Brooklyn to assist you in defending against your charges. As a former assistant district attorney and a former New York Police Department Captain, our team has experience in the courtroom and private investigation experience. Our firm also offers a free case evaluation so call today to ask questions and discuss your DWI case with us at no cost!

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