VTL 1192.2, "Driving While Intoxicated"

Wording of the statute

“No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva”

Criminal Liability

Driving while Intoxicated is a misdemeanor. A first-time conviction will result in fines between $500 to $1,000, a mandatory revocation of driving privileges for six months and up to a year in jail. It will also include two to three years of probation and the mandatory installation of an Ignition Interlock Device for at least six months.

Prior Convictions

A second conviction within ten years will result in fines between $500 to $1,000, a mandatory revocation of driving privileges for at least a year, and up to a year in jail. It will again include two to three years of probation and the mandatory installation of an Ignition Interlock Device for at least six months. If the second conviction is within five years of the first, an imprisonment sentence of up to five days, or community service of up to thirty days, will be imposed.

Most importantly, it can be charged as a class E felony, which increases the penalties. Should a second conviction within 10 years be charged as the felony, the penalties are as follows: fines between $1,000 to $5,000, a mandatory revocation of driving privileges for at least a year, and up to four years in jail. The probation period increases to three to five years of probation, with the mandatory installation of an Ignition Interlock Device for at least six months.

Prior out-of-state convictions for operating a motor vehicle under the influence of drugs and alcohol can be given the same weight as if the conviction happened in New York. If conduct in a different state rises to the levely of a related misdemeanor or felony in New York, that separate charge can be used against you for administrative and sentencing purposes. DWI’s stack on top of each other in New York. This is especially true for drivers under the age of 21.

A conviction to driving while intoxicated may or may not carry immigration consequences. A separate consultation with an immigration attorney is always recommended should you find yourself charged with such.

Benjamin Goldman Law Office

If you were charged with Driving While Intoxicated, it is understandably an embarrassing and stressful situation to be in. Besides needing an experienced attorney, you want counsel with whom you are comfortable. At the Benjamin Goldman Law Office we prioritize handling each case and each client with care. Our attorneys will make sure that you understand the process and have no unanswered questions. You will be treated like the valuable client that you are. This is all reflected in the many five-star reviews the Benjamin Goldman Law Office has received. For a free consultation, simply get in touch with us. We look forward to helping with your case.

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