Monticello DWI Defense Attorney – What Happens After I Get a DWI?
- August 8, 2016
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Scott Russell Law: What Happens After I Get a DWI?
You have just been convicted of DWI—what happens next? The consequences can be immediate and severe. You will have your licensed revoked and pay a hefty fine. If there are aggravating circumstances, or if this isn’t your first DWI, you may also face jail time. If you are placed on probation, an ignition interlock device will be installed in your car for at least 12 months.
Your career may also be affected. If you need to drive as part of your work, you may find yourself out of a job. A professional licensing board could decide to suspend or revoke your license. And, a DWI will be a crime on your record that will follow you later in life as you apply for new jobs.
The Criminal Penalties
The criminal penalties for a DWI vary depending on how intoxicated a defendant was and whether or not it was a first-time offense. A DWI conviction always mandates certain fines, license revocation, and an ignition interlock device requirement in New York. Whether jail time is sentenced depends on the facts of a case. Detailed information on DWI penalties for different types of offenses can be found here.
In New York, a DWI conviction comes with a mandatory six month revocation of a defendant’s driver’s license. A lesser offense of driving while ability impaired by alcohol (DWAI), which can be charged if a defendant had a blood alcohol content level of between .05% and .08%, results in a minimum 90 day suspension of a driver’s license. Second or third DWI convictions carry a minimum two-year license revocation.
A first-time DWI offender can be jailed for a maximum of one year. A second DWI can carry up to a four year sentence, and a third DWI within 10 years has a maximum seven year sentence. DWAI meanwhile carries a maximum 15 day sentence.
The mandatory fine for a first-time offender is between $500-1000. A second DWI can carry a $5,000 fine, and a third DWI can carry up to a $10,000 fine.
Ignition Interlock Device
Under New York’s “Leandra’s Law,” any person sentenced for DWI must have an ignition interlock device installed in their vehicle for at least 12 months. This device prevents a vehicle from starting unless the driver provides a breath sample showing sobriety first. The ignition interlock restriction is noted on a person’s driver’s license.
The Other Consequences
- Employment Opportunities Lost
- Professional Licensing Jeopardized
- Public Benefit Lost
- Higher Car Insurance Rates
- Social Stigma
Moving Past a DWI Conviction
Unlike some other states, a DWI cannot be expunged from a person’s record in New York. A DWI conviction is permanent. However, a DWI is removed from a person’s driving record after 10 years. Recovering from a DWI conviction requires adhering to whatever penalty the court assesses. And, most importantly, anyone convicted of a DWI must avoid getting any subsequent DWIs. As noted above, the penalties become progressively worse for repeat offenders.
Many of these consequences can be avoided if a DWI charge is properly defended in court. In some cases, a complete defense to a DWI may be possible. In other cases, an experienced defense attorney can negotiate reduced charges or lesser penalties. With so much at stake, it is absolutely crucial that anyone charged with a DWI contact an experienced DWI defense attorney to handle their case. If you have any questions about this issue, or if you would like to discuss your case, please call Scott Russell Law today for a free consultation at 845-741-3331.