In the State of New York, you can be brought to trial for Driving While Intoxicated (sometime called a New York DUI) based on one of two situations. The first way you could be arrested for a DUI in New York is based on your blood alcohol content (BAC). If your BAC tests .08% or higher, you will be arrested for a New York DWI.
New York also operates under the common law theory, which gives police officers the right to arrest drivers for DWI if their driving ability appears to be impaired due to drugs and alcohol, regardless of BAC levels. The arresting officer's opinion of your driving ability is enough to send you to court. However, if your BAC level is below .08%, you will face a Driving While Impaired case, which has more lenient penalties than a DWI case.DWI Arrests in New York
In New York, you can be arrested for DWI if you are simply sitting in the driver's seat of a vehicle and have too much alcohol in your blood, even if the vehicle is not moving. When arrested for suspicion of DWI, you will be asked to take a chemical test to confirm your BAC. New York law stipulates that all drivers have the right to consult with a DWI attorney before they have to take a chemical test. It is important that you take advantage of this right, even if it is late at night, before agreeing to take the chemical test. You will also want this lawyer to help you file the necessary paperwork for your court hearings. A New York DWI arrest sparks two cases, a criminal court case and a case in the Department of Motor Vehicles. For help with your DUI and DWI arrests, get in touch with a New York DUI Lawyer immediately.Basic Consequences for First Time Offenders
The first time you are arrested for a DWI in New York, it is considered a misdemeanor and goes on your criminal record. Depending on the severity of the crime, you can expect to face the following:
Subsequent offenses face stricter penalties, and most often the court will assign driving education classes for those arrested for DWI. Also, a repeat offense is considered a felony instead of a misdemeanor.License Suspensions for New York DWI
Another consequence you face as a result of a New York DWI arrest is a license suspension. Depending on the level of alcohol in your blood and any injuries or damage you caused, you will typically face 6 months of license suspension. Your license suspension will begin at the time of your conviction in court. However, your lawyer can file to have that suspension postponed for 20 days. This gives you time to file for a restricted hardship licenses through the DMV that will allow you to drive to and from work. You cannot apply for the hardship license until you have served 30 days of your suspension.Insurance Consequences
If you are arrested and convicted of a New York DWI, the DMV will inform your insurance company of your crime. As a result you may find that your existing vehicle insurance company will drop you or raise your rates significantly. If you choose to shop around for a new policy, you will find it difficult and nearly impossible to get coverage. However, in order to get your license reinstated after your suspension, you must have proof of insurance to show the DMV.