A first-time DWI in New York is a misdemeanor that carries a jail sentence of up to one year, a maximum $1,000 fine (not including court costs), and driver’s license revocation for a minimum six months. However, if there are certain aggravating factors involved, then a conviction will result in increased penalties or even a felony offense.
The following are the two types of aggravated DWI in New York:
- DWI with a BAC of at least .18 percent – Although this type of aggravated DWI is still considered a misdemeanor that results in a maximum one-year jail term, the maximum cost of the fine increases to $2,500 and driver’s license revocation will last for one year for a first conviction.
- DWI with a child passenger who is 15 years old or younger – A first offense for this type of aggravated DWI is considered a Class E felony, punishable by a prison sentence of up to four years, a maximum $5,000 fine, and driver’s license revocation for up to one year.
If a person has a previous DWI, DWAI-drugs or DWAI-combination of drugs and alcohol, or aggravated DWI conviction (within the past ten years), a second conviction for either type of aggravated DWI is considered a Class E felony. While the prison term and fine remain the same, the driver’s license revocation period will last up to 18 months.
If a person has two previous DWAI-drugs, or DWAI-combination of drugs and alcohol, or aggravated DWI convictions (within the past ten years), a third aggravated DWI is a Class D felony, which carries a maximum 10-year prison sentence, a fine no more than $10,000, and driver’s license revocation for either five years or for life.
If you have been charged with an aggravated DWI in Albany, O'Brien & Eggleston PLLC today at (518) 240-9992 and request a free consultation to learn about your available legal options.