Each state establishes specific regulations with regard to the definition of driving while intoxicated (DWI) and its penalties. In New York, as with other states, the penalties for this type of conviction are quite severe. If you’ve been charged with DWI, you should contact the DWI lawyers at Schalk, Ciaccio & Kahn as soon as possible. Our team of DWI/DUI lawyers will work with you every step of the way from your arraignment through the conclusion of your case to ensure that your legal rights are protected. Our attorneys will use their decades of combined experience as former prosecutors and now criminal defense attorneys to negotiate with the prosecutor to try to arrange for a lesser charge or to drop the charges entirely.
If a police officer pulls you over on suspicion of DUI/DWI, he or she will administer a chemical test to determine your blood alcohol concentration (BAC). A person’s BAC is a measure of how impaired or intoxicated he or she allegedly is. In New York, you can be charged with a DWI if your BAC is 0.08 percent or higher. If you’re the operator of a commercial motor vehicle, you can be charged for having a BAC as low as 0.04 percent.
Additionally, under New York law, a person can be charged with aggravated and alcohol and drug combined DWI offenses. You can be charged with aggravated DWI (A-DWI) if you’re found to have a BAC of 0.18 percent or higher. If alcohol and another drug/controlled substance are allegedly found in your system, you can be charged with DWAI/Combination.
New York law uses a tiered approach for penalizing drivers convicted of a DWI offense. For example, the first conviction of DWI can result in up to 1 year in jail, up to 3 years of probation, the mandatory installation of ignition interlock in one’s car, fines, and a license revocation up to one year. If you’re convicted of a subsequent DWI offense within 10 years of your first conviction then you will be facing felony DWI charges with more severe penalties such as up to 4 years in a state prison. That is why it is imperative if you or a loved one is charged with a Driving While Intoxicated offense you consult with the nationally recognized Long Island DWI attorneys at Schalk, Ciaccio & Kahn who have helped countless clients over the years through this very difficult and ever-changing legal process.