Have you been charged with drunk driving, driving while under the influence or driving while intoxicated (DUI or DWI) in Queens, NY? Don't play games, this is serious charge that you can’t afford to take lightly. Queens, NY has a reputation for treating those convicted of DUI/DWI offenses very harshly.
You could be facing jail time, large fines, and restrictions on your ability to drive. It can also take a hefty toll on your personal and professional life.
Our Queens DUI/DWI lawyers have been fighting for the rights of defendants like you for over 32 years, and we’ve successfully fought drunk driving charges on behalf of hundreds of New Yorkers. If you are facing DUI / DWI charges, don’t wait another minute. You face jail, the loss of your license and even your car. Call our office today so our attorneys can begin formulating your defense strategy now.
Drunk Driving in Queens, New York:
In Queens, drunk driving charges are broken down into six separate offenses.
- Driving While Ability Impaired (DWAI): To be charged with DWAI, a driver must have had enough alcohol so that it “has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.”
- Driving While Intoxicated, Per Se (DUI/DWI): This New York drunk driving charge involves the operation of a motor vehicle with a BAC of .08% or more.
- Aggravated DWI: This charge can be levied if an individual operates a motor vehicle with a BAC of .18% or more; or operates a motor vehicle in violation while under the influence with a child under the age of 16 in the vehicle.
- Driving While Intoxicated (DUI/DWI): The legal standard for DUI/DWI requires that “the driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.” You can be charged with DUI/DWI even in the absence of a chemical test should you refuse the test.
- DWAI Drugs: This charge involves the consumption of certain drugs to the point that the use of those drugs “has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.”
- DWAI Combined Influence: This charge involves the operation of a motor vehicle while under the influence of certain drugs and alcohol.
Penalties for DUI/DWI in Queens, NY
The penalties for a drunk driving conviction in New York vary depending on the driver’s past history. For a first DUI/DWI offence the sentence may include:
- Up to one year in jail
- Fines ranging from $500 to $1,000
- License suspension for six months minimum
- Mandatory alcohol evaluation
A second DUI/DWI offense is a class E felony that carries the following penalties:
- Jail time for five days to four years or 30 days community service
- Fines ranging from $1,000 to $5,000
- License suspension for at least one year
- Mandatory alcohol evaluation
The third offense is a class D felony, and could result in:
- Jail time for 10 days to seven years or 60 days community service
- Fines from $2,000 to $10,000
- License suspension for at least a year
- Mandatory alcohol evaluation
Contact our DUI / DWI Lawyers Today
To learn more and for an evaluation your case, please contact our New York DUI/DWI lawyers today at 718-281-2311.
