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New York DWI License Suspension NY

Reader’s Question:

Hi. I just got my driver’s license recently. I had a couple of drinks since I came from a friend’s party and was stopped for DWI in Amherst, New York. I really can’t believe this would cost me my license. How is this possible if this is only my first time?

Jennifer

Amherst, NY

For your reference, DWI, or “driving while intoxicated,” refers to a BAC of 0.08 to 0.17. New York has a “common law” regarding DWI offense which is not defined by the BAC. This is basically important in cases where the defendant refused to take the breathalyzer test or if there’s a problem with the machine. The basis will be the arresting officer’s testimony about the defendant’s behavior (staggering, slurred speech, etc.). The DWI fine ranges from $500 to $1000, with total costs potentially approaching $2000. The driver’s license is revoked for six months, but the defendant can take the DDP to get a conditional license. Then the driver has to reapply for a license.

In the state of New York, first-time DWI offenders are faced with potential fines and surcharges exceeding $3000, license suspension or revocation, and different other consequences. Though jail time is rare on a first offense, it can still happen. Recently, the maximum fine for a first-time DWI offender was $1000 and an “Aggravated DWI” offense was added when the blood-alcohol content (BAC) is over 0.18.

There are different consequences to fighting a DWI case in New York. First, the driver is usually suspended while the case is proceeding (if the BAC is 0.08 or above) and offenders can’t operate a motor vehicle until they get a conditional license normally 30 days after the start of suspension – and the 30 days don’t count against any later suspension. Second, the fee for an attorney for the process is much higher than for making a deal.

Tags: drunk driving laws, DWI advice, DWI arrest, DWI lawyer