What Do DUI Charges Look Like In Hudson Valley, NY?

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.

• DWI (Driving While Intoxicated)
• Aggravated DWI (Driving While Intoxicated, with exacerbating circumstances)
• Alcohol-DWAI (Driving While Ability Impaired, from alcohol)
• Drug-DWAI (Driving While Ability Impaired, from drugs)
• Combination DWAI (Driving While Ability Impaired, from alcohol and drugs)

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).

What Are The Potential Penalties For A DWI/DUI In Hudson Valley, New York?

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:

• First Conviction DWI: For a first conviction, a defendant can face:
  • Fines of up to $1,000
  • License revocation for up to 6 months
  • Up to 1 year in jail
  • Installation of an ignition interlock device

• Second Conviction DWI: For a second conviction, a defendant can face:
• Fines of up to $5,000
• License revocation for up to 1 year (if your prior DWI was within the past 10 years)
• Up to 4 years in jail (with a mandatory minimum of 5 days in jail if your prior DWI was within the past 5 years)
• Installation of an ignition interlock device

• Third Conviction DWI: For a third conviction, which is a Class D felony, a defendant can face:
  • Fines of up to $10,000
  • Permanent license revocation (if your prior DWI was within the past 4 years)
  • Up to 10 years in jail (with a mandatory minimum of 10 days if your prior DWI was within the past 5 years)
  • Installation of an ignition interlock device

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:

• Civil lawsuits for damages
• Social and cultural stigma
• Negative impact on relationships and reputation
• Professional consequences (i.e., not getting jobs due to your conviction showing up on background checks, being disqualified from certain fields and professional licensures, and potentially being fired from your job)
• Immigration complications for undocumented immigrants and applicants with open immigration cases
• Disqualification from receiving certain benefits (such as, in some cases, the right to live in public housing)

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.