Driving While Intoxicated (DWI) is a serious offense in New York that significantly jeopardizes public safety. A custodial sentence, intended as both a deterrent and a mechanism for rehabilitation, may be imposed by the court. This potential jail time is in addition to other penalties such as fines, revocation of driving privileges, mandatory community service, and various other sanctions. Please continue reading for more information on the potential length of a jail sentence and how our experienced Suffolk County DWI Lawyers can work to reduce or eliminate this penalty.
How Long Will I Go to Jail for a DWI Offense in NY?
The length of incarceration for a DWI in New York depends on the number of previous offenses, the offender’s blood alcohol concentration (BAC), and accident involvement. A first-time DWI can lead to one year behind bars, whereas a first-offense DWAI (Driving While Ability Impaired) can result in up to 15 days in jail.
If you commit a second offense within 10 years, you will be charged with a felony, which is punishable by up to four years in jail. A third or subsequent offense can result in up to seven years in jail, along with other sanctions. It’s important to note that in some cases it may be possible to negotiate a plea bargain for a DWAI instead of a DWI, which is a traffic infraction, carrying less severe penalties.
What if I Caused a Fatal Accident?
If you cause a fatal accident while driving under the influence of alcohol or drugs in New York, it can result in significant jail time. Vehicular manslaughter can be charged as either a second-degree or first-degree criminal offense. A second-degree offense is classified as a Class D felony, which is punishable by up to seven years in prison. Vehicular manslaughter in the first-degree, on the other hand, is a Class C felony, which is punishable by up to fifteen years in prison and a mandatory minimum of one year in jail.
Should I Consult an Attorney?
Following a DWI arrest, it’s in your best interest to consult with a qualified criminal defense attorney. They will review your case to identify potential weaknesses in the state’s case. Depending on the circumstances, they may negotiate to potentially reduce your charges or lessen penalties, including jail time. If a plea deal cannot be reached, your attorney can represent your interests in court and defend your rights.
At Castro & Trodden, LLC, we are prepared to challenge evidence, negotiate with prosecutors, and craft a strong defense tailored to your specific case. Connect with our firm today to learn how we can fight for you.
