New York First-Time DWI Lawyer

Arrested for a First DWI in NY?

Getting arrested for a DWI can be quite overwhelming, especially if it is your first time. One of the most important steps to take is to hire an experienced attorney to help you avoid serious penalties or getting convicted entirely.

At Barket Epstein Kearon Aldea & LoTurco, LLP, we understand the stress and uncertainty that accompanies such charges. Our team of experienced lawyers is dedicated to providing you with the support and guidance needed to protect your rights and achieve the best possible outcome. From challenging evidence to negotiating plea bargains or representing you in court, we are here to advocate for you every step of the way. Trust in our expertise and commitment to securing a favorable resolution in your DWI case.

Call (888) 779-0267 or fill out our online contact form to schedule a free case evaluation.

What is a First-Time DWI?

DWI stands for “driving while intoxicated.” It is a crime to operate a motor vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of .08% or higher. This is true regardless of whether your ability to drive was impaired.

In New York, a first-time DWI is a misdemeanor. If convicted, you can face the following penalties:

• Up to 1 year in jail
• Up to $1,000 in fines
• License suspension for 6 months
• 1 year of probation
• Required installation of an ignition interlock device (IID) for 1 year

However, if your BAC is at least .18 percent or higher, you can be charged with Aggravated DWI, punishable by increased penalties, such as fines of up to $2,500 and license revocation for at least one year. If your BAC is more than .05 but less than .07 percent, you can be charged with driving while ability impaired (DWAI) by alcohol, which carries a maximum jail term of 15 days, a fine of up to $500, and license suspension for 90 days.

In addition to criminal penalties, a first-time DWI conviction can also have significant long-term consequences, such as increased insurance rates, difficulty securing employment, and a permanent mark on one's criminal record. It's crucial for individuals facing a first-time DWI charge in New York to seek legal representation from an experienced attorney who can provide guidance, protect their rights, and work towards minimizing the impact of the charges.

Can You Go to Jail for a First DWI?

Yes, you can be sentenced to jail for a first DWI conviction. The maximum jail sentence for a first DWI conviction is 1 year, although judges rarely impose the maximum sentence.

How Long Does a DWI Stay on Your Record in NY?

A DWI conviction will stay on your criminal record permanently. This means that it will show up on a criminal background check, which can make it difficult to find employment, housing, and more. A DWI conviction will also stay on your driving record for 10 years.

How Can a Lawyer Help with a First DWI?

A lawyer can help you fight a first-time DWI charge. They can investigate the circumstances of your arrest, including the results of any chemical tests, to determine if the police violated your rights. If the police did violate your rights, your lawyer may be able to get the evidence against you thrown out and the charges dropped. If you are charged, your lawyer can help you understand your options and develop a defense strategy to minimize the consequences.

For example, your lawyer may be able to negotiate a plea deal with the prosecutor to get the charges reduced or dismissed. If you are convicted, your lawyer can fight to get you the lightest possible sentence, such as probation instead of jail time.

A lawyer can also help you with the administrative side of a DWI charge. In New York, if you are arrested for DWI, you will have to request a hearing with the Department of Motor Vehicles (DMV) within 15 days of your arrest to avoid automatic license suspension. Your lawyer can help you request a hearing and represent you at the hearing to help you keep your driving privileges.

You can count on our team at Barket Epstein Kearon Aldea & LoTurco, LLP to provide you with aggressive and experienced legal representation inside and outside the courtroom. Do not hesitate to let us evaluate your case, determine all your legal options, and do whatever it takes to obtain the most favorable outcome in court.

Contact us today at (888) 779-0267 to request a free consultation.