If you are convicted of DWI in New York but have a driver’s license from another state, you may still lose your out-of-state license and experience the same penalties as a person who is licensed to drive in New York.
It is very likely that New York will notify your home state about your arrest and conviction, and your home state may then suspend your driver’s license as if you had been convicted of DWI or a similar offense in your home state.
Additionally, any conviction for DWI in New York will probably count as a “prior offense” if you are ever arrested in another state for DWI or a similar offense, which usually leads to drastically increased penalties. Employers and insurance companies may find out about the DWI, even if it took place in a state other than the state where you are licensed.
At Greco Neyland, PC, our dedicated attorneys will fight for you and strive for the best possible outcome in your case. We may be able to challenge the evidence, including the traffic stop itself as well as the results of drug or alcohol testing. Your charges could be reduced or dismissed, or you could be acquitted if you go to trial.
Our goal is to aggressively battle for you every step of the way, including helping you with both the criminal and civil aspects of your case. Throughout this process, you can take comfort in having a skilled Manhattan DWI lawyer with experience as a prosecutor on your side.
Greco Neyland, PC represents clients throughout all five boroughs of New York City, including Manhattan, Brooklyn, and the Bronx. Contact the experienced New York City DWI lawyers today at (212) 951-1300 to schedule a free consultation.
The crimes of DWI (driving while intoxicated) and DWAI (driving while ability impaired by alcohol and/or drugs) are enumerated in Article 31, Section 1192 of the New York Driving and Traffic Laws.
Generally, DWI may be charged if a person has a blood-alcohol level (also known as blood-alcohol content, or BAC) of 0.08 percent or more by weight of alcohol in his or her blood as shown by a chemical analysis of the person’s blood, breath, urine, or saliva; or if the police claim impairment of the ability to drive due to alcohol or drugs.
Even when a person does not meet or exceed the 0.08 threshold for intoxication and tests below 0.08, the person may still be charged with driving while impaired by alcohol.
Law enforcement in New York has the ability to make stops and arrests for DWI not just on public roads, but also on private roads and in parking lots.
Convictions for alcohol and drug-related driving offenses in New York carry serious penalties. In all cases, penalties will be increased if you have prior convictions for any alcohol- or drug-related driving offense in your home state or any other state.
A conviction for either driving while intoxicated by alcohol (DWI), driving while impaired by a drug (DWAI-Drug) or driving while impaired by a combination of drugs and alcohol (DWAI-Combination) can result in:
Some circumstances can result in your DWI being classified as an “aggravated DWI” even if it is your first offense, primarily registering a BAC of 0.18 or above. If convicted of an aggravated DWI in New York, you face:
New York has a law called “driving while alcohol-impaired” which is used to charge people who are not ‘intoxicated,’ and test below a 0.08 BAC but above a 0.05 BAC and show some signs that may indicate some impairment. If convicted of driving while alcohol-impaired in New York, you face:
Even if you are not impaired at all by the alcohol, New York has a “zero-tolerance” law for anyone under the age of 21 who drinks even a small amount of alcohol and drives. This offense only requires a blood-alcohol level of 0.02 for a conviction. If you are convicted, you face:
In New York, it is against the state’s implied consent law to refuse to take a blood-alcohol test, such as a breathalyzer. If convicted of refusing a DWI test, you face:
In all instances, your penalties will be increased if you have a prior conviction for DWI or any similar offense regardless of the state where your prior offense occurred. In addition, surcharges and fees typically add hundreds of dollars to any alcohol- or drug-related driving conviction in New York.
In some circumstances, a New York City DWI attorney will be able to make court appearances on your behalf, and you will not be forced to return to New York City for a court appearance.
If you have a driver’s license from another state, it will probably be suspended if you get a DWI or DWAI in New York.
While the state government of New York is only able to bar you from driving inside the state of New York and has no jurisdiction over your home state license, an agreement between various state governments called the Interstate Driver License Compact allows them to circumvent this, and in most cases a DWI or DWAI conviction in New York will result in your home state license being suspended.
In addition, suspensions issued by the government of New York will be entered into the National Driver Register. This means when you try to apply for a new license from any state, as typically happens when you move to a different state, the New York suspension will show up in the system and you will be denied a license in the state where you are applying for a license until you can get the New York suspension removed.
Other states, in particular those where you have had a driver’s license in the past, may also suspend your right to drive in that state when your New York suspension shows up in the system. If this happens, you must also get those suspensions removed when you apply for a new driver’s license somewhere, which will cost you hundreds of dollars along with time and hassle.
You may even face penalties if you are from another country, especially Canada. Ontario and Quebec both receive information regarding traffic violations from New York, and this could result in a driver’s license suspension, higher insurance rates, and other inconveniences.
Some defenses might be available to you if you are charged with a DWI or DWAI in New York. A skilled attorney may be able to uncover weaknesses in the prosecution’s case, resulting in a reduction or dismissal of charges. Evidence may have been obtained improperly, resulting in its exclusion from the case. Other violations of New York state laws or the U.S. Constitution may have occurred.
If the prosecution’s allegation of intoxication or impairment is based on the police officer’s interpretation of your behavior after you registered below a 0.08 BAC on the breathalyzer or other blood-alcohol test, you can introduce witnesses who can testify that you were not intoxicated or impaired.
Resources Related to DWI in New York
Manhattan NYSP Troop HQ
1 Wards Meadow Loop
New York, NY 10035
Phone: (917) 492-7100
New York DMV Penalties for Alcohol or Drug-Related Violations —The Department of Motor Vehicles provides information on penalties for drunk and drugged driving. The DMV website also allows you to download information packets for those who have received a notice of driving for alcohol-related or drug-related offenses.
Stop DWI Criminal Justice Task Force — Go to the website for the Bronx District Attorney’s Office to learn more about the Criminal Court Bureau’s continued collaboration with NYPD and the New York City Department of Transportation (DOT).
You can also find information on the state-funded Stop DWI program, which operates throughout Manhattan and the rest of New York City. The Stop DWI Criminal Justice Task Form includes representatives from each of the City District Attorney’s Offices, the New York City Police Collision Investigators and DWI NYPD enforcement officers to coordinate citywide DWI enforcement.
If you are from outside New York, but were arrested for a DWI in New York City or any of its five boroughs, you need an advocate on your side to challenge the charge and fight hard on your behalf. The skilled attorneys at Greco Neyland, PC are experienced in DWI defense and will work tirelessly to obtain the best possible result in your criminal and civil cases.
We serve clients throughout the five boroughs of New York City, including Manhattan, Brooklyn and the Bronx. We know how important it is for you to maintain your driving privileges and we will do all we can to help you keep your license. We may even be able to limit your court appearances to a minimum and save you money in travel expenses in the process.