DWI laws in New York are very strict. Unlike in some other states, someone can be arrested for a blood alcohol content (BAC) of as little as 0.05.
It is important to understand the implications of a New York DWI for out-of-state drivers. You might think it will not affect your out-of-state license, but it will. In addition, DWI offenses in your home state can affect the penalties assessed for the DWI in New York.
If you are arrested for DWI in New York with an out-of-state license, contact a DWI lawyer from Rosenblum Law for a free consultation. This article explains critical things you should know about a DWI in New York with an out-of-state license.
DWI Laws in New York
According to Article 31 Section 1192 of the New York State Code, a DWI is defined as driving under the influence with a BAC of 0.08 or higher. One can also be arrested for a DWAI (driving while alcohol impaired) with a BAC of 0.05 to 0.07. Additionally, there is a more serious charge of aggravated DWI with a BAC of 0.18 or higher.
When someone is pulled over for a DWI, they will be asked to take a breathalyzer test. Refusing this test results in a DWI charge, so it is best to comply. If the BAC is above the legal limit, the driver will have their license confiscated and be arrested.
The consequences of a DWI conviction in New York include a mandatory license suspension or revocation, a hefty fine, and potential jail time.
Impact of a DWI Arrest on Out-of-State Drivers
New York DWI convictions can affect out-of-state drivers under the Interstate Driver’s License Compact. Under the compact, New York will notify the driver’s home state Department of Motor Vehicles of the New York DWI offense. It is possible that the driver’s license could be suspended or revoked in their home state, although the period of suspension or revocation may be different than that imposed by the State of New York.
Legal Process for DWI Cases in New York
When someone is pulled over for suspicion of DWI, the officer will administer a breathalyzer test. If the test comes back over the legal limit or is refused, the officer will make an arrest. The driver’s vehicle could be impounded, and they will be taken to the police station. There, the police will book them into the criminal justice system, which may include fingerprinting and a mug shot. Once the arrest paperwork is completed, the police may set a preliminary bail that must be paid before they are released.
The first court appearance is the arraignment, during which the defendant pleads guilty or not guilty. If they plead not guilty, the next court date will be set. If they plead guilty, they could be sentenced at that time.
It is important to have an attorney who can negotiate with prosecutors for reduced penalties. This is called plea bargaining, and it needs to occur before the arraignment or final court appearance.
Potential Consequences of a DWI Conviction in New York
The potential consequences of a DWI conviction in New York can include fines, jail time, and/or community service.
The penalties for a first offense are as follows:
For a first-offense DWI with a BAC of 0.08 or higher, the penalty is a fine of $500 to $1,000 and up to one year in jail. For a BAC of 0.05 or higher, the penalty is a fine of $300 to $500 and up to 15 days in jail. For an aggravated DWI, the penalty is a fine of $1,000 to $2,500 and up to one year in jail.
A second-offense DWI or aggravated DWI is penalized by a fine of $1,000 to $5,000 and up to 4 years in jail.
The defendant’s driving privileges may also be taken away if they are convicted of a DWI. New York suspends the defendant’s license for 90 days for a DWAI, six months for a DWI, and one year for an aggravated DWI. Their home state DMV may suspend or revoke their license as well. In addition to these civil and criminal penalties, the defendant’s insurance rates will likely increase after a DWI conviction. DWIs also come up on someone’s criminal record, which can affect employment opportunities and other aspects of their life.
Role of an Attorney in DWI Cases for Out-of-State Drivers
It is important to hire a local attorney familiar with New York’s DWI laws even if the driver is from out of state. The attorney can challenge evidence and test results if they were collected in violation of their client’s Fourth Amendment rights. They also will represent their client in court and negotiate with prosecutors for reduced penalties.
In addition, an attorney can coordinate with their client’s home state’s DMV and legal authorities to determine license suspensions or revocations, and to work toward license restoration.
Steps to Take After a DWI Arrest in New York
The first thing the defendant should do after a DWI arrest is to contact a New York attorney familiar with the state's DWI laws. They should also document key details about the traffic stop, arrest, and anything else that could be helpful to their attorney.
New York license suspensions and revocations for DWI are immediate, so the defendant should not drive in the state. They can plead guilty or not guilty, and their attorney can apply for a pretrial diversion if it is the first offense. An attorney can fully explain the defendant’s rights and legal options during an initial consultation.
FAQs
Will my home state find out about my DWI in New York?
Yes. The New York DMV will notify your home state of the DWI in compliance with the Interstate Driver’s License Compact. Your home state may then suspend or revoke your license, depending on that state’s law.
Can I get my driving privileges reinstated in New York after a DWI?
Yes, after the suspension period has passed. It may also be possible to get a hardship license if your driving privileges are revoked in New York after a DWI. If you live out of state, you will need to apply for a hardship license in your state. If you live in New York now but still have an out-of-state license, you will need to apply for the hardship license at the New York DMV.
How does New York share DWI information with other states?
The New York DMV will notify a driver’s home state DMV of the DWI charge in New York. This notification can be electronic, by phone, or by mail.
What happens if I refuse a breathalyzer test in New York with an out-of-state license?
Refusing a breathalyzer test in New York results in arrest and suspension of driving privileges. Most states have similar laws.
Do I need to return to New York for court if I live in another state?
Yes. Court appearances must be in person. Because the criminal charges are filed in New York, your case will be adjudicated in the New York court system.
Can an attorney help reduce or dismiss my DWI charges?
Yes. An attorney may be able to get the charges reduced or dismissed if the evidence against you is weak. Attorneys can reduce penalties by negotiating with prosecutors.
Will my insurance rates increase after a DWI in New York?
Yes, your insurance rates will increase after a DWI in New York, even if you have an out-of-state license. Your out-of-state license is likely to be suspended or revoked, which also raises car insurance rates.
Can I appeal a DWI conviction in New York?
Yes. Your appeal must be filed within 30 days of your conviction.
What should I do if I miss a court date in New York?
If you miss a court date in New York, you could have a warrant issued for your arrest. Contact the local police to determine if there is a warrant and how to get a new court date. An attorney can also guide you through this process.
Contact Rosenblum Law Today
A DWI conviction in New York is serious for out-of-state drivers, who can face fines, community service, and jail time. Thus, it is important to have local legal representation. Local attorneys are best able to navigate the New York laws and legal system.
Rosenblum Law attorneys have decades of experience defending out-of-state drivers in New York DWI cases. Contact us today for a free consultation.
