If you are a native of Erie or Niagara counties, you know that Buffalo
has a reputation for having some of the best bars in the country. In 2013,
the City of Buffalo ranked #10 in the nation for having 7.1 bars per 10,000
USA Today reported.
With so many bars gracing the streets of Downtown Buffalo and the suburbs,
it is no wonder why
driving while intoxicated (DWI) is a common crime. Unfortunately, many Buffalonians fail to realize
the full impact of a DWI and how it can affect many aspects of their lives
for years to come.
Driving While Intoxicated (First Offense)
New York has various drug and alcohol-related driving offenses, including:
Driving While Intoxicated (VTL § 1192(2) and § 1192(3)), Aggravated
Driving While Intoxicated (VTL § 1192(2-a)(a)), Driving While Ability
Impaired by drugs (VTL § 1192(4)), and Driving While Ability Impaired
by the combined influence of drugs or of alcohol and any drug or drugs
(VTL § 1192(4-a)).
For the purposes of this post, we are going to focus on a misdemeanor DWI
charge, with a Blood Alcohol Content (BAC) of .08 of one percent or higher,
but less than .18 of one percent. When a motorist’s BAC is .18 of
one percent or higher, that motorist will be charged with “aggravated
DWI” (VTL § 1192(2-a)(a)), which carries more severe licensing
penalties and higher fines than the typical, first-offense DWI charge
under VTL § 1192(2) or (3).
Penalties for a first-offense DWI (VTL § 1192(2) or (3) in New York, include:
- A jail sentence of up to one year, or
- A period of probation of up to three years
- A fine of between $500 and $1,000
- A mandatory $395 NYS surcharge ($400 if in a Town or Village Court)
- License revocation for at least 6 months
- A Driver Responsibility Assessment of $250 per year for three years
- A requirement that the motorist attend a Victim Impact Panel
Ignition Interlock Device requirement
- Ignition Interlock restriction on defendant’s driver’s license
Are There Other Consequences of a DWI?
Yes, most definitely. There are several other consequences of a DWI that
can impact a person’s life in a negative way. A DWI conviction can
lead to the following consequences:
- A DWI can affect child custody battles.
- A misdemeanor-DWI conviction can affect professional licenses.
- A DWI will greatly affect motorists with commercial driver’s licenses.
- A misdemeanor-DWI conviction will remain on your criminal record.
- A DWI will cause your auto insurance premiums to skyrocket.
- A DWI can bar you from entering Canada.
- A felony DWI can trigger deportation proceedings for immigrants.
If you are facing DWI charges in the Greater Buffalo Area, we urge you
to contact The Rossi Law Firm immediately. A criminal charge is a very
serious matter, and DWI charges require skilled defense attorneys.
Contact our firm to schedule a consultation with an experienced
Buffalo DWI attorney.