Will I Go to Jail for a DWI in New York?

Facing any kind of criminal offense in New York can be incredibly overwhelming. However, a DWI offense is something that can impact all aspects of your life, from your ability to drive to your employment opportunities. As such, one of the most common questions those facing a DWI offense have is whether or not they will spend time in jail for this offense. The following blog explores what you should know about these matters, including the importance of discussing your legal options with Suffolk County DWI lawyers.

What Warrants a DWI Charge in New York?

Any time you are found driving with a blood alcohol concentration (BAC) at or over the legal limit of 0.08%, you can face a driving while intoxicated offense in New York. It is critical to note that even if you “feel fine” or show little to no signs of impairment,t if your BAC is at the legal limit, you will face a criminal charge. This is because It constitutes a DWI per se. This essentially means that because your BAC is 0.08% or higher, no other evidence is needed to show that you have committed a DWI.

However, you should note that if you are found with a BAC below the legal limit, but the officer determines it has still impacted your ability to safely operate a vehicle, you can face a lesser charge of driving while ability impaired (DWAI). This is generally charged to those with a BAC between 0.05% and 0.07%.

Finally, drivers under 21 should note that New York has a strict zero-tolerance policy for underage drinking and driving. As such, any underage driver with a measurable BAC will face penalties. However, the matter will be handled by the state Department of Motor Vehicle, as it is considered a civil matter rather than a criminal one.

Can I Go to Jail if Convicted of DWI?

The penalties for a DWI in New York can be severe, even for a first-time offender. For first-time DWI offenders, you will face a misdemeanor offense. A conviction carries up to $1,000 in fines, up to 3 years of probation, the revocation of your license for a mandatory minimum of six months, installation of an ignition interlock device in your vehicle, and the potential for up to one year in jail.

While jail is a potential for a first-time offender, it is unlikely that you will be sentenced to time behind bars for a first-offense DWI. However, as it is a penalty, it is something you should prepare for.

The likelihood of jail time for a DWI will increase with each subsequent offense. You should note that New York has a ten-year “look-back” period, in which any criminal offense you’ve been convicted of in the past ten years can be used against you. As such, if you receive a second DWI charge in ten years you can face a Class E felony offense. The penalties increase to up to $5,000 in fines, a mandatory license suspension for at least one year, and the potential time spent in jail will increase to up to 4 years.

As you can see, if you are charged with a DWI in New York, these matters are not something you should take lightly. It is in your best interest to connect with an experienced criminal defense attorney with Castro & Trodden, LLC to help you explore your legal options. Our firm understands how complicated these matters can be, which is why we will do everything possible to help you fight for the best outcome for your circumstances. Contact us today to learn more.