DUI Information

The Arraignment

After a DUI/DWI arrest, your first court appearance will be your arraignment and will occur within days of your arrest. At the arraignment, the court will inform you of the charges brought against and of your right to an attorney. At the arraignment, you will have the opportunity to enter a plea of “not guilty,” “no contest” or “guilty.”

Under New York’s Prompt Suspension Law, the court will suspend your driver’s license at the arraignment if your BAC at the time of your arrest was .08% or higher. An experienced DUI attorney can be vitally important to preserving your rights and to protecting your ability to drive.

If you have been charged with a crime, facing a legal proceeding like an arraignment can be confusing and intimidating. New York DUI lawyer will accompany you to your arraignment to ensure that you fully understand your rights and help you determine how to plea to your DUI/DWI charge. New York DUI attorney will take the appropriate steps to contest the suspension of your license and to restore your driving privileges until the case is fully resolved.

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Administrative Suspension Hearing

If you were pulled over for a DUI/DWI or DWAI and refused to submit to a breathalyzer or other chemical test, you will be required to attend a DMV Refusal Hearing. The DMV Refusal Hearing is separate from the criminal charges of a DUI/DWI or DWAI case. If you are found guilty of refusing to submit to the breathalyzer or chemical test, your driver’s license will be revoked for a year.

However, you are entitled to contest the revocation of your license. Our skilled New York DUI attorneys will aggressively defend your rights at your DMV Refusal Hearing to help protect your ability to drive.

For more information about how one of our experienced New York DWI attorneys can help you, please see our New York DUI Blog or contact us to speak with an attorney.

Drunk Driving Penalties

DUI/DWI penalties

If you have been charged with a Drinking and driving with a Blood Alcohol Content of .08% or higher, you will face the following penalties:

First Offense (misdemeanor): Fines between $500-$1,000; Jail Sentence up to one year; Minimum 6-month revocation of your driver’s license (or Minimum 1-year revocation for drivers under 21 years of age).

Second offense within 10 years (Class E Felony): Fines between $1,000-$5,000; Jail sentence up to 4 years; Minimum 1 year revocation of your driver’s license (or Minimum 1 year or revocation until 21st birthday for drivers under 21 years of age.)

Third Offense within 10 years (Class D Felony): Fines between $2,000 and $10,000; Jail sentence up to 7 years; Minimum 1 year revocation of your driver’s license (or Minimum 1 year or revocation until 21st birthday for drivers under 21 years of age).

Driving while ability impaired (DWAI)- Alcohol penalties

If you have been charged with a Drinking and driving with a Blood Alcohol Content between .05% and .07%, you will face the following penalties:

First Offense (Traffic Infraction): Fines between $300-$500; Jail Sentence up to 15 days; 90-day suspension of your driver’s license (or Minimum 1-year revocation for drivers under 21 years of age).

Second offense within 5 years (Traffic Infraction): Fines between $500-$750; Jail sentence up to 30 days; Minimum 6- month revocation of your driver’s license (or Minimum 1-year revocation or revocation until 21st birthday, whichever is longer, for drivers under 21 years of age.)

Third Offense within 5 years (Traffic Infraction): Fines between $750-$1,000; Jail sentence up to 180 days; Minimum 6-month revocation of your driver’s license (or Minimum 1-year revocation or revocation until 21st birthday, whichever is longer, for drivers under 21 years of age).

Aggravated DUI/DWI penalties

If you have been charged with a Drinking and driving with a Blood Alcohol Content of .18% or higher, you will face the following penalties:

First Offense (misdemeanor): Fines between $1,000-$2,500; Jail Sentence up to one year; Minimum 1-year revocation of your driver’s license (or Minimum 1-year revocation for drivers under 21 years of age).

Second offense within 10 years (Class E Felony): Fines between $1,000-$5,000; Jail sentence up to 4 years; Minimum 18-month revocation of your driver’s license (or Minimum 18-month revocation or revocation until 21st birthday, whichever is longer, for drivers under 21 years of age.)

Third Offense within 10 years (Class D Felony): Fines between $2,000-$10,000; Jail sentence up to 7 years; Minimum 18-month revocation of your driver’s license (or Minimum 18-month revocation or revocation until 21st birthday, whichever is longer, for drivers under 21 years of age).

Any of these penalties will likely be accompanied by a period of probation enforced by the court.