Hudson Valley DWI Attorneys
Arrested for a DWI in NY? Defend Your Rights with The Ahearne Law Firm!
New York State has become one of the most punishing states in the nation for DWI/DUI. First time offenders for DWI face 90-day license suspension, fines and are often required to attend alcohol and/or driving rehabilitation programs. If you are facing a second DWI charge, the term of license revocation, probation and penalties increase considerably.
Arrested for a DWI in NY? Contact the Ahearne Law Firm for aggressive DWI/ DUI representation immediately!
NY DWI Penalties
Drinking while driving is a serious offense in the state of New York. If you are facing NY DWI penalties, you need representation from The Ahearne Law Firm!
- DWI charges immediately affect your driving rights. Your license will be suspended pending prosecution of your case. If you have a commercial driver’s license (CDL), the blood alcohol content (BAC) limits are lower and the penalties are higher. You may need a hardship license to get to work while your case is pending or a conditional license when your case is over.
- If you refused to take a road side breath test, the breathalyzer, a blood test or the chemical test at the police station, your license will be automatically revoked for 1 year pending a DMV refusal hearing before an Administrative Law Judge. 18 months for CDL drivers. Refusal hearings are a separate process outside of the Court hearings and are governed by specific rules and criteria. Don’t hire an attorney that doesn’t know the DMV refusal hearing process.
What are NY DWI Penalties for First Offense?
In New York, a driver is considered to be intoxicated when their blood alcohol content (BAC) is over 0.08% if they are over 21, 0.04% if they are operating a commercial vehicle, and 0.02% if they are under the legal drinking age of 21.
For DWI first offense in NY, a driver is facing:
- 6 month license revocation
- Up to $1,00 fine
- Up to 1 year in jail
- New York Drinking Driver Program and associated costs
- $250 annual assessment fine for a total of $750 over three years
Depending on the additional aggravating factors, this could increase. The court will factor in the age of the accused driver, the substance causing the impairment, the type of driver’s license, previous convictions, whether you submitted to a chemical test, and more.
What are Penalties for DWI 2nd Offense in NY?
If you are facing a second DWI charge, the term of license revocation, probation and penalties increase considerably. If you are charged with a DWI 2nd offense in NY, within ten years of your first misdemeanor, this means that you will owe a mandatory fine of $1,000 and will face Class E felony penalties.
What are Penalties for DWI 3rd Offense in NY?
If you are facing a third DWI related charge within 25 years, in New York State, you are now considered a repeat offender. Repeat offenders face 5-year, 10-year and lifetime license revocations depending on the outcome of your case. Additionally, drivers with excessive points and only two DWI charges may also be considered a repeat offender.
Field Sobriety & Chemical Tests
After an officer pulls over a suspected driver, they may ask them to submit to a field sobriety test and/or a chemical test. Our lawyers understand how NY DWI penalties are used against a driver and work to prevent negative consequences as a result of these tests.
There are three main types of field sobriety tests:
- Horizontal Gaze Nystagmus: The officer will ask the driver to track an object with their eyes. The officer will look for the inability to follow the object or involuntary eye jerking associated with intoxication.
- Walk and Turn: The officer will ask a driver to take a few steps forward placing their toe to the back of their heel and turn around with the same instructions. A driver who stumbles may be intoxicated.
- One-Leg Stand: The officer will ask a driver to stand up straight with their feet together, arms at their sides, and raise one leg six inches off of the ground. Falling or stumbling can be taken as a sign of intoxication.
An officer may also ask a driver to submit to a breath or blood test to determine their BAC while driving. If you are not arrested, you have the right to refuse these tests. However, these are considered to be a consciousness of guilt, there may be other penalties for the refusal. Our firm is versed in how to defend our clients following a field sobriety test or chemical test.
Police Procedures after a DWI
With all drunk driving arrests, the police are required to follow specific procedures. Police must have a good reason to stop you and probable cause for an arrest. Police must question you under certain conditions only and if they do not, the statements you make may not be admissible in Court. When issuing Standardized Field Sobriety Tests (SFST), such as the horizontal gaze nystagmus, the walk and turn, and the one leg stand, police must administer those tests according to very specific rules.
This means also that when they give the road side breath test or the breathalyzer at the police station (the chemical test), the police must follow the rules, or your BAC may not be used against you in Court. We know how to challenge those tests. We know how to challenge the police procedures. If the police did anything wrong during your DWI arrest, we know how to bring that out in Court and reduce or dismiss the charges against you.
If you’ve been arrested for DWAI, DWI, DUI, or DWI drugs, whether in Warwick, NY, Orange County, NY, The Hudson Valley, or the New York City tri-state area,contact The Ahearne Law Firm today at (845) 763-4100.
Experienced DWI Defense: If you’ve been charged or arrested for DWI or DUI in Warwick, NY, Orange County, NY, The Hudson Valley, or the New York City tri-state area, you need the right DWI lawyer right away. DWI is a serious charge in New York State. Don’t make a second mistake. Call us today. The Ahearne Law Firm (845) 763-4100
Contact a DWI Lawyer at The Ahearne Law Firm
Driving under the influence has lasting effects on your life. Not only do these compound on one another, but insurance companies and employers may refuse service based on these charges. When you are arrested for DWI , you need an attorney with a thorough understanding of the law.
Put the Hudson Valley DWI attorneys at The Ahearne Law Firm on your side. We can help represent your case and can fight to make sure that a driving under the influence arrest does not ruin your life. Call (845) 763-4100 now to speak with our firm.