Avoiding The Consequences Of A DWI Conviction

A First Offense

If you are accused of driving with a blood alcohol content (BAC) of between .08 and .17, you will be charged with DWI. If you have not been convicted of DWI within the past 10 years, this will be considered a first offense, or a misdemeanor charge with potential consequences including:

  • A fine of at least $500 and as much as $1,000 plus in surcharges;
  • Revocation of your driver's license for at least 6 months;
  • Up to a year in jail or prison;
  • Probation period of up to three years;
  • A lifetime criminal record if you are convicted.

A Second Offense

If you already have a DWI conviction on your criminal record, a second arrest increases the seriousness significantly. Our firm has successfully represented hundreds of individuals charged with felony DWI in the state of New York. Our attorneys are not afraid to take any DWI to trial. Many attorneys want the "quick fix" and negotiate a plea bargain. Our firm will only recommend that you accept a plea bargain if it is in your best interest to do so. Some of the consequences of a felony DWI conviction are:

  • Up to four years in jail or prison
  • A fine of at least $1,000 and as much as $5,000, plus surcharges
  • Revocation of your driver's license for at least one year

A felony on your criminal record is extremely damaging for the rest of your life. New York district attorneys tend to be very aggressive at prosecuting second-offense DWI charges, so it is important to hire a lawyer who understands the full range of defense strategies and the science of DWI prosecution.

Charged? There's No Time To Waste

If you have been charged with any of the following offenses, please contact us immediately to talk to one of our attorneys. Time is of the essence on all criminal matters. Don't think that because your initial court date is several weeks in the future, that you should wait to see an attorney. An experienced attorney needs time to evaluate and investigate your matter even before the first appearance. Please, to protect your rights and assist in your defense, act sooner not later.

  • DWI first offense: (Misdemeanor) A first-time conviction for DWI can leave you with a mandatory fine of at least $500.00, mandatory license suspension for six months and up to a year in jail.

  • DWI second offense: (Felony or Aggravated DWI) A second DWI conviction within 10 years is considered a felony and carries more serious potential consequences and penalties than a first-time conviction.

  • Third and subsequent DWI offenses: (Felony) The longer your record of DWI convictions is, the more serious are the potential consequences of another conviction including the possibility of jail.

  • Driving while ability impaired (DWAI): If there is evidence that you were driving while impaired by alcohol, drugs or a combination of both, you can be charged with this crime.

  • DWI and prescription drugs: Even if you have a valid prescription for a drug, you can be charged with a crime for driving while impaired by its effects.

  • Vehicular assault: If someone gets hurt in an accident and the police allege that you caused that accident by driving under the influence, you can be charged with vehicular assault.

  • Vehicular homicide: This crime is equivalent to vehicular assault if someone is actually killed in an accident that you are accused of causing.

  • Zero tolerance law: If you are under 21, you can be penalized with a fine and license suspension for driving with a BAC of as low as .02.

  • Leandra's Law: If you have been charged with DWI with a child under the age of 15 in the car, you could be facing harsh penalties, especially if the child was hurt or killed.

  • Ignition interlock device: Leandra's Law requires anyone convicted of a DWI to have an interlock device installed for a minimum of 6 months to help prevent another drunk driving episode.

  • Breath test refusal: If you refuse to take the breath test, even if you are not convicted of DWI, the DMV can take away your driver's license for a year.

  • CDL conditional and hardship licenses: If you possess a commercial driver's license and are charged with any DWI offense, your case requires special handling.

Start Your Defense Today

Need help after a DWI charge? Call The Law Offices of Remy R. Perot & John L. Kotchick, III today at 607-772-8440 or 800-818-8010 to schedule a consultation, or send us an email.