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Albany DUI & DWI Defense Attorney

Driving Under The Influence Laws in New York

In New York State, you will receive a DUI/DWI charge if you have a blood alcohol content (BAC) of:

  • 0.02% if you are under 21
  • 0.04% if you are a commercial driver
  • 0.08% if you are 21 or older
  • 0.18% is considered aggravated DWI

Those arrested for DWI are likely to be asked to take a breath or blood reading of their blood alcohol content. It is important to note that you can be charged with an alcohol or drug violation if you refuse a sobriety test.

Arrests in Colonie, Guilderland, East Greenbush, Schodack, Kinderhook, Clifton Park, or Malta, may produce different results due to location. We understand how different judges and district attorneys in these areas handle DWI cases, maximizing our chances of getting the best possible result.

New York DUI/DWI, Aggravated DWI, & DWAI Penalties

If a person’s blood alcohol content (BAC) is at least .08 percent or appears to be impaired to a significant extent, he/she can be charged with a driving while intoxicated (DWI) in New York.

The following are the penalties for a New York DWI:

  • First DWI – A jail sentence of up to one year, a maximum $1,000 fine, and driver’s license revocation for at least six months.
  • Second DWI – If a person is charged with a DWI within 10 years of a first DWI-related conviction, a second conviction will result in a Class E felony, which carries maximum four-year prison term, a fine of up to $10,000, and driver’s license revocation for at least one year.
  • Third DWI – A third DWI conviction within 10 years of a previous DWI-related conviction is considered a Class D felony, punishable by a prison sentence of up to seven years, a maximum fine of up to $10,000, and driver’s license revocation for at least one year.

If a person’s BAC level is at least .18 percent or has a child passenger who is 15 years old or younger at the time of an arrest, it is an aggravated DWI.

Penalties for an aggravated DWI in New York include:

  • First aggravated DWI – A jail term of up to one year, a maximum $2,500 fine, and driver’s license revocation for at least one year.
  • Second aggravated DWI – A second aggravated DWI conviction within 10 years of a first DWI-related conviction is a Class E felony, which includes driver’s license revocation for at least 18 months.
  • Third aggravated DWI – A third aggravated DWI conviction within 10 years of a previous DWI-related conviction is considered a Class D felony, which includes driver’s license revocation for at least 18 months.

If a person is impaired to any extent after consuming alcohol, it is considered driving while ability impaired (DWAI), which is less serious than DWI.

Penalties for a New York DWAI include:

  • First DWAI – A jail term of no more than 15 days, a maximum $500 fine, and driver’s license revocation for up to 90 day.
  • Second DWAI – A second DWAI conviction within five years of a previous DWI-related conviction is punishable by a maximum 30-day jail term, a fine of up to $750, and driver’s license revocation for at least six months.
  • Third DWAI – A third DWAI conviction after being convicted of two or more DWI-related offenses carries a maximum 180-day jail sentence, a fine not exceeding $1,500, and driver’s license revocation for at least six months.

Experienced Albany, NY DUI/DWI Legal Counsel

On top of your criminal charges, losing the ability to drive is one of the most challenging penalties of a DWI case. New York law allows a judge to suspend an individual’s license when they are charged with DWI. However, an Albany DUI attorney could argue for your driving privileges, allowing you to drive to work or school while your case resolves.

DWI defense is a complex matter in New York State. How attorneys approach a case may differ depending on the details of the arrest. Our Albany DUI lawyer has extensive experience with these cases and understands the important nuances for the locality of DWI cases as well as other criminal defense matters.


If you are charged with a DWI call us for a free consultation at (518) 413-0889. We will review your case and discuss how we can help you fight the DWI charges that you are facing.


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People Move Forward

  • Defendant Acquitted After Four-Day Trial Two Counts of Felony DWI
  • Charge Dismissed on Motion Misdemeanor Aggravated DWI
  • Case Reversed On Appeal Plead Guilty to Sexual Assault
  • Sentence Reduced by Half Charged with Assault in the First Degree
  • Charges Dismissed at Arraignment Felony Burglary Charges
  • All Charges Dismissed Five Felony Charges
  • Defendant Acquitted After One-Day Jury Trial Two Counts of Misdemeanor DWI
  • DWI Charges Resolved Two Counts of Misdemeanor DWI Involving Complex Immigration Issues
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  • When you hire us and have questions on your case, you get founding attorney Eric Schillinger. 

  • Attorney Eric Schillinger has a strong moral compass and always fights for our clients' rights. 

  • We have a broad range of legal experience. You name it, we handle it. 

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