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Frequently Asked Questions
Driving While Intoxicated
HOW SERIOUS IS IT?
In New York State, the first offense is a misdemeanor and will result in a criminal record. Cases are prosecuted in local criminal courts in the town, city or village where the offense occurred. The maximum penalty is one year in the local county jail. There is a mandatory minimum fine of $500.00 though fines are often greater. In addition, if convicted of misdemeanor DWI, you will have your license revoked for a minimum of six months. A second offense DWI is a felony prosecuted in Superior Court or County Court. A conviction may result in a term of imprisonment in a State Penitentiary.
SHOULD I REFUSE THE CHEMICAL TEST?
New York State law provides for an automatic 6 month revocation of a driver's license for any person refusing to take a breath, blood or urine test to determine alcohol content. The revocation takes effect even if you are eventually found innocent of drinking & driving . By refusing the test, we believe you are simply compounding your problems, though some lawyers do recommend refusal in cases of second offenses or where there are serious personal injuries involved.
WILL PLEA NEGOTIATIONS HELP?
Many first offenders are able to obtain reductions to the lesser charge of DWAI (DRIVING WHILE ABILITY IMPAIRED). DWAI is a non-criminal offense which results in much less severe penalties. If it is your first offense or not, you should seek quality legal representation. Your lawyer may be able to negotiate a more favorable disposition of the charge. You may be eligible for the driver improvement school which would allow you to obtain a conditional license during a period of revocation or suspension.
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