Whether or not you will go to jail for a DWI in New York depends on several factors, including the severity of the offense, your prior DWI history, and the specific circumstances of your case.
Here’s a general overview of the possible penalties for DWI offenses in New York:
First-time DWI offense with a Blood Alcohol Content (BAC) of 0.08% or higher but less than 0.18%:
- Possible jail time up to 1 year
- Fines ranging from $500 to $1,000
- License revocation for a minimum of 6 months
First-time DWI offense with a BAC of 0.18% or higher (Aggravated DWI):
- Possible jail time up to 1 year
- Fines ranging from $1,000 to $2,500
- License revocation for a minimum of 1 year
First-time DWAI (Driving While Ability Impaired) by alcohol, with a BAC of more than 0.05% but less than 0.07% or other evidence of impairment:
- Possible jail time up to 15 days
- Fines ranging from $300 to $500
- License suspension for 90 days
Repeat DWI offenses generally result in more severe penalties, including longer jail sentences, higher fines, and longer license revocations.
Please note that these are general guidelines, and the specific penalties you may face depend on the details of your case, your driving history, and other factors. Judges have discretion in sentencing, and other factors such as your level of cooperation with law enforcement, your criminal history, and the presence of any aggravating or mitigating factors can influence the outcome of your case.
Offenses in New York State carry sentence ranges depending on the level of offense. A DWI can be charged as an unclassified misdemeanor, an E felony, or a D felony.
The maximum sentence on a misdemeanor DWI is a year in a local county jail, the maximum sentence on an E felony DWI is a range of 1.33 to 4 years in state prison, and the maximum sentence on a D felony DWI is 2.33 to 7 years in state prison. The minimum sentence on a misdemeanor DWI is simply a fine.
The minimum sentence allowable for a felony DWI is a 3 year conditional discharge. It is important to understand that a prosecutor and/or a judge take into account many factors when offering or imposing a sentence. Although jail and prison sentences are allowable, these are not typical sentences.
Most first time or even second time DWI offenders do not end in jail or prison unless there are some extenuating circumstances such as an accident that resulted in serious physical injury to another person.
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