DWI and DWAI Offenses and Penalties

Have you been charged? Call our Westchester County DWI Attorney Today

After being charged with a DWI or DWAI, it is important that you understand the penalties you may face if convicted. Here you can review the penalties frequently inflicted upon convicted DWI defendants. To defend yourself against these charges, call the Law Offices of Marcia Payton at (914) 705-4502. With years of experience as both a criminal prosecutor and defense attorney, Marcia Payton provides clients with outstanding DWI defense in Westchester County.

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, Westchester County criminal defense lawyer Marcia Payton can provide you the support you need after being charged. Call (914) 705-4502l today for the representation you deserve.

WHAT OUR CLIENTS THINK

  • The Law Offices of Marcia Payton I would definitely recommend Marcia Payton to anyone who is facing criminal charges.
  • The Law Offices of Marcia Payton If I ever need a lawyer again, I will call The Law Offices of Marcia Payton.
  • The Law Offices of Marcia Payton I decided to hire her on the spot and it was the best decision I could have made.
  • The Law Offices of Marcia Payton My license is cleared and I didn’t even have to go to court!
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