Put simply, no one wants to face DUI charges. Regardless of the facts of your particular case, the entire process of getting a DUI—from the moment you’re stopped by the police to the moment your case is resolved—can be harrowing. These cases can escalate incredibly quickly, and suddenly a moment’s miscalculation—perhaps one too many drinks before leaving the office holiday party, or assuming you could make it home after a night out with friends instead of shelling out the money for an Uber or a Lyft—becomes an irrevocable mistake with potentially lifelong consequences.
The term “DUI” refers to “driving [while] under the influence”. New York State has some of the most elaborate, complex, and restrictive laws about driving under the influence of drugs and/or alcohol in the country. While most states only have a few categories of offenses regarding operating a motor vehicle while intoxicated by or under the influence, New York State has five.
In this article, we’re going to focus on the first two: DWI and Aggravated DWI.
A DWI refers to charges of operating a vehicle with a BAC (Blood Alcohol Concentration, or the percentage of alcohol in your blood) of .08% or more, or .04% or more if you are a commercial driver. You may also be charged with a DWI in Hudson Valley, New York if you operate a vehicle while impaired to a “substantial extent” due to drinking alcohol (regardless of your BAC).
New York State, in keeping with its toughness on DWI/DUIs, has rather steep statutory sentencing for DWI/DUI convictions, which are enhanced based on the defendant’s DWI/DUI history as well as the circumstances of the case. Generally, they are as follows:
DWI charges can be elevated to Aggravated DWI (or AGG DWI) if you had a BAC of .18% or higher at the time of arrest, which is over twice the legal limit.
For a first conviction, a defendant can face fines (up to $2,500 for a first offense; up to $5,000 for a second), license revocation (at least 1 year for a first offense; at least 18 months for a second), jail time (up to 1 year for a first offense, up to 4 years for a second), and the installation of an ignition interlock device.
The consequences for a DWI in Hudson Valley, NY are not limited to those given out by a criminal court. If you are convicted of a DWI, especially a felony DWI, some of the extralegal consequences you may face include:
DWI charges are serious, but they do not have to completely derail your life. If you or a loved one is facing DWI charges in Hudson Valley, New York, Attorney Randall Inniss at The Inniss Firm, PLLC, is here to help. Having spent 22 years as a NY State Trooper, Attorney Inniss has the insider knowledge necessary to help you beat your charges and move on with your life. Reach out today for a free consultation on your case.
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