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First Driving While Intoxicated (DWI) Offense

If you have been arrested for a first driving while intoxicated (DWI) offense in Queens, New York, it is important to know that you do not necessarily have to face a conviction for the offense. The state prosecutor is required to prove beyond a reasonable doubt you committed every element to the alleged driving while intoxicated offense. If the judge or jury has any doubt you committed the drinking and driving offense, the charges against you may be reduced or even dismissed.

However, a conviction for a first DWI can result in serious penalties and repercussions, including:

  • Jail time;
  • Fines;
  • A criminal record;
  • Mandatory installation of an ignition interlock device;
  • Community service; and/or
  • Probation.

An individual that has been charged with a first DWI believes they are capable of operating their car or vehicle. Even if they do not have a blood or breath alcohol concentration (BAC or AC) level over the legal intoxication limit of .08%, they can still be charged with a DWI offense if their driving ability is impaired.

Therefore, it is essential to contact an experienced DWI defense lawyer in Queens who will you help you create the best legal strategy for your particular case and help you identify whether any defenses or mitigating factors may exist in your case.

Queens First DWI Lawyer

Contact the Law Office of Rochelle S. Berliner if you have been charged with a first driving while intoxicated offense in all areas of New York, including Queens, Brooklyn, Manhattan and the Bronx.

Rochelle S. Berliner is knowledgeable in all areas of New York’s DWI laws, and will make every effort to fight the allegations against you. Call the Law Office of Rochelle S. Berliner at 718-261-5600 for a consultation today about your alleged first DWI offense.


First Driving While Intoxicated in Queens

An individual can be charged with a first driving while intoxicated (DWI) in New York if they operate a motor vehicle while intoxicated under New York Vehicle and Traffic Laws § 1192(3). An individual is considered intoxicated if they are incapable of using their normal faculties from the alcohol they have consumed. This is usually based on a variety of factors the law enforcement officer and court will examine.

Normal faculties generally can include anything the driver can do on a daily basis, such as the ability to walk, balance, talk, judge distances, operate a vehicle, and/or any other motor skills the individual could do on a regular basis.

Additionally, according to the New York Vehicle and Traffic Laws § 1192(1), an individual can be charged with a first driving while ability impaired (DWAI) if they are driving while their ability to operate the motor vehicle is impaired from the consumption of alcohol.  An individual’s ability to operate a motor vehicle is impaired if their blood alcohol concentration level (BAC) is between .05% and .08%.

Additionally, an individual can be charged with a first DWI offense if they drive a vehicle while their ability to drive is impaired by the use of drugs (DWAI drugs) or their ability to drive is impaired by the use of drugs and alcohol (New York Vehicle and Traffic Laws § 1192 (4) and (4-a).


Per Se DWI in Queens, NY

An individual can also be charged with a first DWI offense in New York under section 1192(2) of the New York Vehicle and Traffic Laws if, while driving or operating a car or motor vehicle, their blood or breath alcohol concentration (BAC or AC) level is .08% or higher.

If the driver of a vehicle is pulled over and their BAC is .08% or higher, they can automatically be arrested for a driving under the influence offense. This is commonly known as per se DUI, where the alleged offender’s BAC is at or beyond the legal limit indicating they were per se driving a vehicle under the influence of alcohol or controlled substances.


First DWI Penalties in Queens

Articles 70 and 80 of the New York Penal Laws define the penalties an individual may face if they are convicted of a first DWI offense in Queens. A first per se DWI or DWI is punishable as a misdemeanor offense, which can result in any of the following punishments:

  • A fine ranging from $500 to $1,000;
  • A jail sentence up to one year;
  • A probation period;
  • Pay a driver responsibility assessment;
  • Installation of an ignition interlock device; and/or
  • A driver’s license revocation of at least six months.

Under certain circumstances an individual charged with a DWI may face higher penalties, such as in situations where the alleged offender had a blood or breath alcohol level of 0.18 or higher (Aggravated DWI):

  • A fine ranging from $1,000 to $2,500;
  • A jail sentence up to one years;
  • Pay a driver responsibility assessment;
  • A probation period;
  • Installation of an ignition interlock device for at least six months; and/or
  • A driver’s license revocation of at least one year.

An individual charged with a driving while ability impaired by alcohol offense (DWAI), which is punishable as a traffic infraction, can face any of the following penalties:

  • A fine ranging from $300 to $500;
  • Pay a driver responsibility assessment;
  • A jail sentence up to 15 days; and/or
  • A driver’s license suspension for 90 days.

Law Office of Rochelle S. Berliner | Queens First DWI Arrest Lawyer

If you have been charged with a first DWI offense in New York City, including Queens, Brooklyn, the Bronx and Manhattan, call the Law Office of Rochelle S. Berliner at 718-261-5600. Rochelle S. Berliner is an experienced Queens criminal defense lawyer who is dedicated to helping you avoid the most serious penalties and consequences to your alleged offense.

Contact the Law Office of Rochelle S. Berliner or submit an online form today for a consultation today about your alleged first driving while intoxicated offense.

Free Consultation

Submit your information using this form to schedule a free consultation with attorney Rochelle Berliner.

Name* Phone* Email* Subject* Message*

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