According to New York laws, a DWAI is not initially a crime. It is classified as a traffic infraction. However, if the driver is charged with a combination of infractions, which exceed the use of alcohol and involve the use of controlled substances is classified as a criminal infraction, which is prosecutable through applicable criminal laws. If you are facing a DWAI or further charge, you should contact Zaloba Edward to speak to Criminal Defense Lawyers today.
Your First Offense
Drivers who do not have a previous record of DWI in the state of New York are most likely to receive a plea bargain which will reduce the penalties of the traffic infraction. However, there isn’t a guarantee. Factors such as the blood-alcohol content reading and the circumstances in which the individual was arrested will play a role in determining guilt.
If you receive a conviction, you will pay a fine ranging from $300 to $500. The judge may order you to serve up to fifteen days in county lock-up. Your driver’s license is suspended for ninety days. You are charged a $255 surcharge and required to pay $250 each year for a period that will not exceed 3 years. The court will also order you to attend drunk-driving education programs as well.
Second DWAI Convictions
Drivers who are convicted of a second DWAI offense within a five-year period are subject to the full penalties imposed. This includes fines ranging from $500 to $750 and a thirty-day jail sentence. A license suspension of six months is required. The drivers are subject to the surcharge and responsibility assessment fees as the first charge. The court will also order these drivers to undergo an alcohol and drug evaluation before they can acquire a new driver’s license.
New York state laws prohibit all drivers from operating a motor vehicle while intoxicated. Their level of intoxication determines whether or not they are guilty of a DWAI. The number of previous convictions will also determine the severity of the penalties imposed by the court. If you are facing a DWAI charge or more, you should contact Zaloba Edward to represent you.
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