Possible consequences of a DWI in New York are serious. Even being accused of a DWI can have negative impacts on your reputation as well as on your driving eligibility. This is why you must take a New York DWI seriously and retain an experienced criminal defense attorney immediately.
Jail time is a serious matter and one that can make life after getting out that much more difficult.
There’s no doubt that as you’re sitting there thinking about your future and contemplating who to hire, that you will question whether or not you will go to jail for DWI. In fact, this is the most common questions asked of DWI defense attorneys across New York. DWI charges in New York will have penalties that increase in severity with repeat offenses, meaning that if you have been accused and convicted of a DWI in the past, your chances of going to jail are much higher. Subsequent DWIs following your first offense can make the crime a felony. Maximum jail time may be assessed by the court in these cases depending on which offense you are currently looking at.
A first offense, for example, can carry up to one year in jail, whereas a second offense carries as long as four years in jail and a third offense carries up to seven years in jail. Jail time is fairly rare for first offense DWIs and note that the information referenced above are maximum penalties.
The judge evaluates multiple factors in your case, such as the blood alcohol content at the time you are pulled over, the location where your offense occurred, and the time of your crime to determine whether or not jail time will be appropriate. However, it is always best to assume the worst when you have been accused of a DWI and to retain an experienced criminal defense attorney who can protect you.