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DWI An alcohol related driving offense in New York can be a violation, a misdemeanor or a felony. Driving While Intoxicated involves operating a motor vehicle with a blood alcohol level of .08 or higher. Driving while intoxicated is a misdemeanor unless there is a prior conviction for driving while intoxicated within the last 10 years. A person can also be charged with driving while intoxicated when there is no blood alcohol level reading, based on other factors that establish intoxication. An example of this is when it is alleged that a driver is intoxicated but has refused to take a breath test. In this situation the police will charge the motorist with driving while intoxicated based on other factors such as blood shot eyes, slurred speech, breath smelled like an alcoholic beverage.  If there is a prior conviction for driving while intoxicated within the last 10 years of the new arrest, then you may be charged with Felony Driving While Intoxicated. When the blood alcohol reading is .05 or greater, but less then .08, the charge will be Driving While Ability Impaired by the consumption of Alcohol. This charge is a violation unless there is a prior conviction for driving while impaired or driving while intoxicated within 5 years of the new charge, in which case it could be a misdemeanor. How the DWI arrest affects your license If you have been charged with Driving while intoxicated as a misdemeanor and you took the breath test, the court will still suspend your privileges to drive for 30 days from the date of the arrest. If you had a valid New York State drivers license at the time of the arrest, the court may conduct a Hardship Hearing and under certain circumstances issue a Hardship Privilege permitting you to drive your vehicle to and from your place of employment, to and from school, and / or to and from medical appointments, at specified times of the day during the 30 day period. After 30 days, you should receive a letter from DMV advising that you may go to New York DMV and apply for a new license. Upon conviction of an alcohol related offense, there will be additional suspensions and/ or revocations on the license. If you have been charged with Driving While Intoxicated as a misdemeanor, and it is alleged that you refused to take a breath test, the court will suspend your license at arraignment, pending a refusal hearing at DMV. If you fail to show for the refusal hearing or you lose the hearing, your license will be revoked for a minimum 6 months, or 1 year for those under the age of 21 and a civil penalty of at least $300.00. NO ONE SHOULD EVER PLEAD GUILTY TO A DWI WITHOUT FIRST CONSULTING WITH AN ATTORNEY Call today for Help! (516) 489-3600

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