Due to the high rising numbers of road accidents caused by driving while intoxicated (DWI), the government has to strictly respond to prevent further increase of road fatalities. In New York, you can be arrested for DWI in one of two ways. First, you can be arrested for driving while intoxicated when your blood alcohol content (BAC) is .08% or higher. Likewise, a police officer can pull you over for a suspicion of DWI if your pattern of driving appears to be impaired or unsafe, even if your BAC is below .08%.
DWI Arrests in New York
New York DWI laws are one of the toughest in the country. You can be arrested for DWI even if you are merely sitting in the driver’s seat while having too much alcohol in your system. A possible DWI conviction can take place even if the vehicle is not moving as long as your BAC is beyond the legal limit. Nevertheless, the state law allows you to contact a DWI lawyer first before the arresting officer can take a blood sample from you for BAC testing.
A DWI arrest in New York will trigger two separate cases: one is a criminal court case and the other is an administrative hearing with the Department of Motor Vehicles. The criminal court will determine your penalties and punishments, while the DMV will impose license suspension. Do not ever underestimate your DWI cases. You will definitely need the help of an experienced DWI lawyer to free you from the charges, or at least lessen your consequences following your DWI arrest.
Basic Consequences for First Time Offenders
Typically, first-time DWI offenders face lighter penalties than habitual offenders. In the state of New York, a first DWI offense is considered a misdemeanor and will be reflected on your criminal record. If this is your first DWI offense, you can expect to face the following charges:
As mentioned, repeat DWI offenses carry tougher consequences including additional driving classes and a felony.
License Suspensions for New York DWI
Besides facing criminal charges, a DWI offense in New York can also trigger license suspension. Typical length of suspension is 6 months, depending on the result of your BAC test and the incurred damages of your impaired driving. Your license will automatically be suspended as soon as you are convicted of DWI by the criminal court. Nevertheless, if you are working with an experienced lawyer, you could have your suspension postponed for 20 days to give you enough time to apply for a restricted hardship license. This license will allow you to drive to and from work or school after you have served at least 30 days of your suspension.
Insurance Consequences
Insurance companies typically deal with DWI/DUI conviction in two general ways. After being convicted of DWI in New York, your current insurance carrier may completely drop your coverage, or substantially increase your insurance rates. Either way, you can surely feel the impact of your DWI conviction on your auto insurance. Take note that you cannot drive again even after serving your license suspension unless you have your car insured.