What Is a Misdemeanor DWI in New York City?
An arrest for driving while intoxicated, or DWI, is typically a frightening experience. Once the actual arrest and booking is over with most people start to worry about the ultimate outcome of the case against them. Specifically, people begin to worry about what their punishment will be if convicted of the charges against them. In order to know what punishment you are facing though you first need to know exactly what charges you are facing. Misdemeanor DWI and felony DWI, for example, do not include the same potential penalties.
In the State of New York the law actually allows for a variety of criminal offenses that are related to drinking and driving. The offense of "Driving While Intoxicated", or DWI, as well as the offense of "Driving While Impaired by a Drug", or DWAI – Drug, are both misdemeanors in New York. Both offenses carry up to a maximum of one year in jail, up to a six month driver's license suspension or revocation, and/or up to a $1,000 fine. For a defendant to be convicted of misdemeanor DWI the State of New York must show that the defendant was driving with a blood alcohol concentration (BAC) of 0.08 percent or greater or that the defendant was driving "while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol." New York also has several other alcohol and/or drug related offenses that are charged as misdemeanors, including:
- Driving while ability impaired by alcohol
- Driving while ability impaired by a combination of drugs/alcohol
- Zero tolerance law
In New York, the alcohol related driving offenses typically increase to a felony when one of two things occurs. The first is when the driver has a BAC level that is exceptionally higher (0.18 percent) than the legal limit. The second scenario relates to a defendant's previous criminal history. For most alcohol related driving offenses the second (and subsequent) charge within a ten year period will result in being charged at the felony level instead of the misdemeanor level, regardless of the driver's BAC level.
If you have recently been arrested and charged with an alcohol related driving offense in New York City it is imperative that you understand the charges filed against you as well as the potential penalties you face if convicted. Consult with an experienced New York criminal defense attorney right away to evaluate your case and get started on your defense. Contact the Law Offices of Adam Thompson today by calling (212)267-2424 to schedule your appointment.
Arrested? Hurt in Accident?
Get Help 24/7
- Am I Allowed to Represent Myself in My New York DWI Case? Why Should I Hire an Attorney?
- Can I Do a Treatment Program in New York City?
- Can I Use Mouthwash to Avoid DWI in New York City?
- Can the Police Search Your Home Without a Warrant in New York?
- Do You Know Your Rights?
- Do You Need a Lawyer before You're Charged?
- DWI Stop -- How Do I Respond When Asked If I Have Been Drinking?
- Free Report: Who will be on the Jury for my Criminal Jury Trial in New York?
- Free Report: Are You Eligible for Drug Court in New York?
- Free Report: Constructive Possession in New York - What It Is and Why It Matters
- Holiday DWI Checkpoints in New York
- How Can I Get Evidence Thrown Out or Suppressed in New York?
- How Can You Defend Someone You Know Is Guilty?
- How Long Can I Go to Jail for Selling Drugs in New York?
- How Much Will a DWI Lawyer Cost in New York City?
- How Often Do Medical Errors Occur?
- If a Police Officer Asks You to Take a Field Sobriety Test What Should You Do?
- I Was Caught Smuggling Drugs – Will I Go to Federal Prison?
- I Was Notified of a Probation Violation Hearing in New York. Do I Need an Attorney?
- My Lawyer Told Me to Refuse the Chemical Test in New York, Is that Right?
- New York Construction Sites Accidents: Fatalities and Safety Violations [Infographic]
- Penalties for Alcohol and Drug-Related Driving Violations in New York [infographic]
- Should I Take a Breathalyzer Test in New York?
- Should I Talk to the Police or Prosecutor after I am Arrested in New York or New Jersey?
- The Crime of Rape in the State of New York
- Top Five Mistakes Defendants Make in a New York DWI Case
- Types of Medical Errors
- What Are Pre-Trial Hearings?
- What Are the Penalties for Possession or Sale of Marijuana in New York?
- What Are the Possible Defenses to a DWI Charge?
- What Are the Possible Defenses to New York Sex Crimes Charges?
- What Are the Possible Defenses to the Sale of Drugs in New York?
- What Are the Possible Penalties for Drug Possession in New York?
- What Are the Possible Penalties for DWI in New York?
- What Behavior and Patterns the Police Look for When Searching Out Intoxicated Drivers
- What If the Police Didn't Read Me My Rights before Arresting Me for DWI in New York?
- What Is a Line-Up and Show Up?
- What Is a Misdemeanor DWI in New York City?
- What Is an Arraignment In New York?
- What Is an Illegal Search in New York?
- What Is a Search and Seizure in New York?
- What Is a Sentence Enhancement in New York?
- What Is a Wrongful Death Case?
- What Is Boating While Intoxicated in New York?
- What Is Constructive Possession?
- What Is the HGN Test?
- What Is the Officer Looking For When the Officer Asks Me to Follow a Pen Light?
- What Is the Punishment for Possession of Cocaine in New York City?
- What Is the Punishment for Possession of Oxycodone in New York City?
- What Takes Place at a Criminal Trial?
- Who Will Be on the Jury for My Criminal Jury Trial in New York?
- Will I Be Drug Tested in Court in New York?