DUI Defense Attorney In Yonkers & Manhattan

DUI Charges Are Serious

Contact Sayegh & Sayegh, P.C. to schedule a consultation with a lawyer today. 914-968-5800

Driving Under the Influence of Alcohol or Drugs in Yonkers, New York

Throughout the U.S., there are several ways to refer to drunk driving and impaired driving.

The most common terms are DWI and DUI. But what do those abbreviations mean and do they mean different things?

The answer is that it depends on the state. Some state statutes make no differentiation between DWI and DUI. In other states, they are defined as different offenses with different penalties.

DUI, which is Driving Under the Influence of alcohol or drugs, is an offense in some states, but New York statutes do not make any reference to DUI.

Instead, New York law divides the offense into three distinct categories:

• DWI (Driving While Intoxicated)
• AGG-DWI (Aggravated Driving While Intoxicated)
• DWAI (Driving While Ability Impaired)

What you will be charged with depends upon whether you are impaired by alcohol, drugs, or a combination of both.

And if you are impaired by alcohol, the charge against you will depend on the percentage of alcohol in your blood, known as Blood Alcohol Content (BAC), which can be estimated in a breath sample or determined from a blood sample.

Yonkers DWI (Driving While Intoxicated)

You will be charged with DWI if your BAC is between .08 percent and .18 percent.

If you plead guilty or if you are found guilty at trial, your penalties will depend on the number of prior offenses you had and your age:

• First offense: $500 to $1,000 with up to one year in jail.
• Second offense: $1,000 to $5,000 with up to four years in jail.
• Third or subsequent offense within ten years: $2,000 to $10,000 with up to seven years in jail.

Jail sentences or community service in lieu of jail are at the discretion of the judge, although certain minimums may apply. In addition to the fine, you will be subject to mandatory conviction surcharges or crime victims’ assistance fees.

Your driver’s license will also be revoked. The length of the revocation depends on your age and upon how many prior convictions you have.

If you are under 21 years of age, your license will be revoked for a minimum of one year for a first offense or a minimum of one year or your reaching age 21, whichever is longer for a subsequent offense.

If you are 21 years of age or older, your license will be revoked for a minimum of six months for a first offense or a minimum of one year for a subsequent offense.

In addition, you will be required to install an ignition interlock system in any car that you own or drive.

The above penalties also apply if you plead guilty or are found guilty at trial to Driving While Ability Impaired by drugs (DWAI-Drug) or Driving While Ability Impaired by a combination of alcohol and drugs (DWAI-Combination).

Yonkers AGG-DWI (Aggravated Driving While Intoxicated)

You will be charged with AGG-DWI if your BAC is .18 percent or higher.

If you plead guilty or if you are found guilty at trial, your penalties, again, depend on the number of prior offenses you had and your age.

For a first offense, your fine will range from $1,000 to $2,500 with up to one year in jail.

For a second offense, your fine will range from $1,000 to $5,000 with up to four years in jail.

And for a third or subsequent offense within ten years, your fine will range from $2,000 to $10,000 with up to seven years in jail.

Jail sentences or community service in lieu of jail are at the discretion of the judge. Certain minimums may apply.

Besides the fine, you will be subject to mandatory conviction surcharges or crime victims’ assistance fees.

Your driver’s license will also be revoked. The length of the revocation depends on your age and number of prior convictions.

If you are under 21 years of age, your license will be revoked for a minimum of one year for a first offense or a minimum of 18 months or your reaching age 21, whichever is longer for a subsequent offense.

If you are 21 years of age or older, your license will be revoked for a minimum of one year for a first offense or a minimum of 18 months for a subsequent offense.

In addition, you will be required to install an ignition interlock system in any car that you own or drive.

Defense Attorneys for DWI Charges in Yonkers

A DWI arrest is a frightening experience. However, your charges don’t necessarily mean you will be convicted.

Our experienced DWI lawyers in Yonkers, NY know how to capitalize on any discrepancies in your case. We look for details such as:

• Whether the Arresting Officer Followed Protocol
• Conditions that Interfered with the Breathalyzer’s Accuracy
• The Date When the Breathalyzer Was Last Calibrated

You can expect our thorough attention to all of the details in your case.

We maintain transparent communication with you so that you are always up to date on the latest proceedings. Additionally, we always give you our honest advice and opinions.

Make sure you have the defense you deserve and call us today. If you’ve been arrested for driving under the influence, contact us. We proudly represent clients in Yonkers, NY.

Felony DWI Lawyer Yonkers, New York

In most cases, a first DWI conviction is a misdemeanor.

In New York, a misdemeanor is defined as an “offense…for which a sentence in excess of 15 days but not greater than one year may be imposed (New York State Penal Law, Article 10). A misdemeanor is a crime.”

As such, any DWI carries stringent penalties, including fines and loss of driving privileges. However, it should come as no surprise that a second DWI offense is taken even more seriously.

Ever since New York’s first drunk-driving laws were enacted more than a century ago—as there are exponentially more vehicles on the road and cars have become faster and more powerful—new statutes have been written to address the seriousness of DWIs. This includes the felony DWI offense.

Penalties that come with a Yonkers felony DWI conviction

If this is your second drunk-driving offense within a ten-year period, it becomes a Class E felony.

If charged with, arrested for or convicted of a non-violent Class E felony, you are in the same category as those who have committed fourth-degree arson, fourth-degree grand larceny and fourth-degree money laundering in support of terrorism—that’s how seriously a felony Aggravated DWI is taken by law enforcement, the legislature and the courts.

Penalties for a second-offense Aggravated DWI, Class E felony include:

• A mandatory fine of $1,000 to $5,000
• Up to four years in jail
• License revoked for at least 18 months

For offenses beyond a second DWI within 10 years, penalties are even more extreme.

A third or subsequent DWI is a non-violent Class D felony, a conviction for which means that you will face:

• A mandatory fine of $2,000 to $10,000
• Up to seven years in jail
• License revoked for at least 18 months

Other penalties for a conviction of a DWI felony generally include:

• The requirement that an Interlock device be placed on each vehicle you own
• Five years’ probation, which can include restrictions on firearms ownership, prohibition of entering any establishment in which the primary business is serving alcohol, supervision by a probation officer, unannounced testing and required community service
• A driver responsibility assessment of $250 a year for three years
• Mandatory attendance at a Victim Impact Panel

Beyond the penalties imposed by the State of New York, there are other costs.

Since the conviction stays on your record for 15 years, and since insurers have access to that record, your insurance is likely to be canceled or your rates will increase dramatically. It may also affect your ability to get or hold a job.

If you have been charged with a felony DWI in Yonkers, call immediately for help from our skilled DWI legal team

A felony conviction can complicate your life for many years. We help protect your rights, your livelihood and your driving privileges.

Contact us or call our office today at 914-968-5800 to schedule a consultation without Yonkers DWI lawyers. We serve clients in Yonkers, the Bronx and Westchester, Rockland, Dutchess, Putnam, Orange and Ulster counties.