The Consequences of a DWI Conviction in New York

The recent arrests of two prominent New Yorkers for DWI have again brought to attention the potential consequences of a DWI conviction. One was the arrest of the wife of Maurice Hinchley, the retiring Congressman from New York’s 22nd District, who was allegedly driving with a blood alcohol concentration of 0.14 and texting when she rear-ended another vehicle. The other arrest concerned a New York prosecutor who was fired after questions arose regarding whether she received special treatment because of her position.

Individuals who are prominent in the community do face additional scrutiny for their DWI arrests, but everyone faces potentially stiff penalties for a DWI conviction.

First-Time DWI Offense

Anyone arrested for DWI with a BAC of 0.08 percent or higher will be subject to both civil and criminal penalties. For drivers over the age of 21, there is a minimum license revocation of 6 months. In addition, the driver will receive a fine of $500 to $1,000 that does not include a mandatory conviction surcharge or crime victim’s assistance fee. Jail time of up to a year is also possible, and or three years probation. A DWI conviction will also raise insurance premiums. Finally, because of Leandra’s Law, passed in 2010, drivers convicted even of a first-time DUI will be required to install an ignition interlock device, which tests the alcohol level of the driver periodically to ensure the driver has not been drinking.

There are more severe penalties if you are convicted of an aggravated DWI (a .18 BAC or above). The license revocation is one year and the maximum fine increases to $2,500. Any driver who is under 21 will face a one-year revocation even if they are convicted of any drinking and driving offense (including DWAI, or better known as an “impaired”).

Second or Subsequent Offense

If a driver gets a second or subsequent DWI within 10 years of the first offense, the penalties ratchet up enormously. The crime increases from a misdemeanor to a felony. Those convicted of a second DWI face up to a $5,000 fine, four years in jail and a minimum 1-year license suspension. For a third offense in 10 years, a DWI conviction carries up to a $10,000 fine, seven years in jail and a 1-year license suspension. On a felony DWI, you can do up to a year in jail and 5 years probation to run consecutive to the jail time.

In the Media

Watch Attorney Kimberly Lerner Featured on National News Programs
  • Trump Admin Under Fire for Epstein Death
  • Lawyer for Jeffrey Epstein Survivor, Jennifer Araoz, speaks to NBC News
  • Epstein Wants Out Of Jail, A Lawyer For One Of His Accusers Responds | The Last Word | MSNBC
/

Why Choose Lerner & Lerner, P.C.

We Are With You from Start to Finish
  • Proven Track Record

    Our attorneys are well-known for helping clients identify realistic legal goals and obtain them. We have successfully handled thousands of cases for our clients and will fight tirelessly to ensure your rights are protected.

  • A Trusted Source

    Kimberly Lerner is widely recognized in the news media as a trusted authority on numerous legal topics. She is a featured legal correspondent on a variety of national news programs.

  • Award-Winning Lawyers

    Both Richard Lerner and Kimberly Lerner hold the AV Preeminent* rating from Martindale-Hubbell, the highest distinction given to lawyers in this prestigious peer review.

  • Former Prosecutors

    Our experience as Former Prosecutors allows us to understand the prosecution’s position against our criminal defense clients and leverage practical solutions. We are also backed by 70 years of combined legal experience.

A Team You Can Rely On

Our Father & Daughter Duo Has the Experience You Need

Client Reviews

Dedicated to Client Satisfaction
    Kim was patient/understanding and easy to work with.

    “Professional and knowledgeable, she dissected the situation and researched everything she needed in a matter of minutes. Within an hr after my initial call, she was my representative.”

    - Dan
    There is simply no one else to trust with DWI or other criminal charges in Nassau County than this attorney.

    “Kimberly told me she thought I could get my DWI reduced and and the other charge dismissed or reduced. I was skeptical, but I hired her because I thought she was my best shot at getting out of this alive without a criminal record. She did just that. Months”

    - Rob
    Guided me every step of the way. She's very caring and understanding

    “I was tight on money but she was very patient and never gave up on me. She's a great lawyer and fought for me until I got the lowest penalty. She's extremely informative, reliable and respectful”

    - Yurman
    She is so smart and well respected in the courts.

    “Ms. Lerner handled my situation with such compassion. She is so smart and well respected in the courts. She was able to show the DA the situation without going to trial and my case was dismissed. She does not give up.”

    - B.
    She is so reasonable and will really listen. I strongly recommend her.

    “Kimberly really cares about her clients. She represented me on a DWI case and she really knows her stuff.”

    - Jennifer
/

Protect Your Future

Contact Us 24/7
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.