The penalties for drinking and driving in Suffolk County are serious and severe. If you’ve been arrested for Driving While Ability Impaired (DWAI) or Driving While Intoxicated (DWI), you need to know what the consequences are and what options you have for fighting the charge. This article will provide a brief overview of your options, but only an experienced criminal defense lawyer will know the ins and outs of mounting a successful DWI defense.
Types Of Charges And Penalties
DWAI – You will be charged with a DWAI if your blood alcohol content (BAC) is greater than .05, but less than .07.
A first offense for a DWAI carries the following potential penalties:
• A fine between $300-$500,
• 15 days in jail, and/or
• 90 suspension of driver’s license.
For a second DWAI offense within 5 years the potential penalties are:
• A fine between $500-$700,
• 30 days in jail, and/or
• Revocation of driver’s license for at least 6 months.
For a third DWAI offense within 10 years:
• A fine between $750-$1,500,
• 180 days in jail, and/or
• Revocation of driver’s license for at least 6 months.
DWI – You will be charged with a DWI if your BAC is greater than .08.
A first offense for a DWI carries the following potential penalties:
• A fine between $500-$1,000,
• 1 year in jail, and/or
• Revocation of driver’s license for at least 6 months.
For a second DWI offense within 10 years:
• A fine between $1,000-$5,000,
• 4 years in jail, and/or
• Revocation of driver’s license for at least one year.
For a third DWI offense within 10 years:
• A fine between $2,000-$10,000,
• 7 years in jail, and/or
• Revocation of driver’s license for at least one year.
Aggravated DWI – You will be charged with an Aggravated DWI if your BAC is greater than .18.
An aggravated DWI offense carries similar penalties as a DWI offense, but with increased fines and longer license suspensions.
Chemical Test Refusal – Refusing to take a breath, blood, or urine test is a chargeable offense.
Refusing to take a chemical test will result in a civil penalty payment and revocation of your driver’s license for at least 18 months.
Defenses To DWI
The most common defenses to a DWAI or DWI charge involve calling into question the propriety of the initial stop, the arresting officer’s adherence to criminal procedure, the accuracy and veracity of the arresting officer’s observations, and the accuracy or administration of any field sobriety tests or chemical tests.
A DWAI or DWI charge can result in severe financial consequences as well as jail time and license revocation. If you’ve been arrested for a DWAI or DWI, you should consult a criminal defense attorney to see if any of these defenses can be applied to your case.