New York DWI law identifies multiple levels of offenses involving motor vehicles and alcohol or drugs. Most first-time offenses are classified as traffic infractions, which are generally subject to lesser penalties than criminal offenses. If an individual has one or more prior convictions during the previous ten years, however, New York may treat a subsequent offense as a felony. Penalties could include several years’ imprisonment, substantial fines, and a lengthy period of license suspension. A felony DWI conviction in New York may also require completion of a drug or alcohol addiction program, along with classes offered by Mothers Against Drunk Driving (MADD).
The New York DWI statute divides the offense into five offenses, based on the substance involved and the extent of impairment:
– Driving while ability impaired (DWAI): Operating a motor vehicle while impaired due to alcohol consumption. This could involve blood alcohol content (BAC) below the “legal limit” of 0.08 percent, but usually greater than 0.05 percent.
– Driving while intoxicated (DWI): Driving “while in an intoxicated condition,” or with BAC of 0.08 percent or more. For commercial vehicle drivers, the limit is 0.04 percent.
– Aggravated DWI: Driving with BAC of 0.18 percent or higher.
– Driving while ability impaired by drugs (DWAID)
– Driving while ability impaired by the combined influence of drugs or alcohol (DWAI-Combination)
Most offenses are classified as traffic infractions or misdemeanors. Certain offenses, however, are classified as felonies. A second conviction for DWI, aggravated DWI, DWAID, or DWAI-Combination within a period of ten years is an E felony. This is punishable by up to four years in jail, a fine of $1,000 to $5,000, and driver’s license suspension for a minimum of one year. For a second aggravated DWI conviction, the minimum period of license suspension is eighteen months.
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