DWI and DWAI Offenses and Penalties

Have you been charged? Call our Westchester County DWI Attorney today.


If you have been charged with a DWI or DWAI, please review the potential penalties you can be charged for and call the Law Offices of Marcia Payton. With years of experience, Attorney Payton has the expertise to reduce your charges. Schedule a consultation today.

DWI - Blood Alcohol Concentration of 0.08%

FIRST OFFENSE

  • Misdemeanor
  • Up to 1 year in jail
  • $500-$1,000 in fines
  • 6 month license revocation - minimum

SECOND OFFENSE

  • Class E felony
  • Up to 4 years in jail
  • $1,000-$5,000 in fines
  • 1 year license revocation - minimum
  • Ignition Interlock Device - required

THIRD OFFENSE

  • Class D felony
  • Up to 7 years in jail
  • $2,000-$10,000 in fines
  • 1 year license revocation - minimum
  • Ignition Interlock Device - required

AGGRAVATED DWI - Blood Alcohol Concentration of 0.18% or higher

FIRST OFFENSE

  • Misdemeanor
  • Up to 1 year in jail
  • $1,000-$2,500 in fines
  • 1 year license revocation - minimum
  • Ignition Interlock Device - required

SECOND OFFENSE

  • Class E felony
  • Up to 4 years in jail
  • $1,000-$5,000 in fines
  • 18 month license revocation - minimum
  • Ignition Interlock Device - required

THIRD OFFENSE

  • Class D felony
  • Up to 7 years in jail
  • $2,000-$10,000 in fines
  • 18 month license revocation - minimum
  • Ignition Interlock Device - required

DWAI - Blood Alcohol Concentration between 0.05%-0.07%

FIRST OFFENSE

  • Traffic infraction
  • Up to 15 days jail time
  • $300-$500 in fines
  • 90 day license suspension

SECOND OFFENSE WITHIN 5 YEARS

  • Traffic infraction
  • Up to 30 days jail time
  • $500-$750 in fines
  • 6 month license revocation - minimum

THIRD OFFENSE WITHIN 10 YEARS

  • Misdemeanor
  • Up to 180 days jail time
  • $750-$1,500 in fines
  • 6 month license revocation - if current violation is within 5 years of prior violation

With years of experience in DWI and DWAI defense, the Law Offices of Marcia Payton can provide you the support you need after being charged. Call today for the representation you deserve.

Contact The Law Offices of Marcia Payton Today

We Provide Aggressive Representation & Compassionate Support.

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