DWI Penalties Put an Accomplished NYC Former Prosecutor On Your Side

Penalties for DWI/DWAI in New York

NY DWI Fines, Jail Time & License Suspension

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) 712-6878. With years of experience as both a criminal prosecutor and defense attorney, Marcia Payton provides clients with outstanding defense.

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, Attorney Marcia Payton can provide you the support you need after being charged. Call (914) 712-6878l today for the representation you deserve.

  • Marcia  Payton Photo
    Marcia Payton
    Marcia began her legal career by working as an Assistant District Attorney in New York City, prosecuting criminal cases in the country's finest and most highly regarded District Attorney's Office - New York County. It was here that Marcia worked with police officers and detectives and learned how a criminal investigation is handled from arrest to trial. Marcia successfully prosecuted thousands of criminal cases while working in the Office of Special Narcotics in New York City, presenting ...
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