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DUI/DWI

Albany DUI Attorney

New York Drunk Driving Laws

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.

DUI Penalties NY

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.

First DWI in NY

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 in NY

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 in NY

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.

Aggravated DWI NY

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 DWAI in NY

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 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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