DWI punishment will depend upon whether the drunk driving arrest is for a misdemeanor or a felony. (A misdemeanor DWI case is one than can be punished by up to one year in jail; a felony drunk driving arrest may be punished for more than a year in state prison.)
A first-offense Driving While Intoxicated case is a misdemeanor. However, if there has been a prior DWI conviction within 10 years of the arrest, the new charge is a felony. The 10-year period is calculated from the date of conviction of the prior DWI case, through the date of arrest for the new DWI case.
DWI arrests can result in a variety of punishments; the sentence given for a drunk driving conviction will depend upon the particular charge, and whether there are aggravating or mitigating factors.
DWI Penalties in criminal court are as follows:
DWI as a felony offense: When a person has already been convicted of DWI as a misdemeanor (as opposed to Driving While Impaired, a "traffic infraction") the next DWI is much more serious. If the second DWI case is for Driving While Intoxicated, most commonly brought under VTL Section 1192.2, the new charges are raised to the level of a class "E" felony. The penalties increase as well. The minimum fine is $1,000.00 with a maximum fine of $5,000.00 possible. The motorist is also more likely subject to a period of probation for 5 years or may even be incarcerated for a period of up to one and one-third to four years. In such cases, courts can combine the penalties imposed, depending on the circumstances. A term of 6 months incarceration with the balance of 5 years spent on probation along with the fine , license revocation and drinker/driver program is possible.
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If you, or someone you care about, have been arrested as the result of a problem with alcohol or drugs, please contact us.
There is no cost or obligation for a consultation with NY DWI Attorney Ronald Meltzer. Call 212-822-1443, or e-mail Rmeltzer@NycDwiLaw.com, or click here for our Free DWI Consultation Form to submit to our office.
