The state of New York takes driving while intoxicated seriously. If you are facing charges for drinking and driving, potential penalties include fines, a license suspension, and even jail time — and that’s just for a first offense. Below, the legal team at MacVean, Lewis, Sherwin & McDermott, P.C. in Middletown, NY, shares information you should know about DWI law if you are facing criminal charges in New York.

You Can Face More Severe Penalties for a Higher BAC

In the state of New York, it is illegal for non-commercial motorists over the age of 21 to drive with a blood alcohol concentration of 0.08% or higher. If your BAC is especially high, you will not only face charges for driving while intoxicated, but you could face charges for aggravated DWI, which come with more severe penalties. Under DWI law, individuals can expect to face aggravated DWI if their BAC was higher than 0.18% or if they were driving while intoxicated with a passenger who was under the age of 15.

You Can Face Penalties if You Are Under the Legal Limit

The legal limit might be 0.08%, but you can still face charges if you have any alcohol in your system during a traffic stop. For example, if your BAC ranges from 0.05% to 0.07%, you could face charges for driving while ability impaired, or DWAI. Penalties for DWAI include a mandatory 90-day license suspension, up to 15 days in jail, and a fine of up to $500.

You Can Face Penalties if You Drive Under the Influence of Legal Prescription Drugs

Driving while ability impaired by drugs is also considered a moving violation, and you can face penalties even if you are under the influence of legal drugs a doctor has prescribed you. For that reason, it is essential to understand how any medication you take can affect your ability to perform tasks like driving.

If you are facing charges for DWI or DWAI in New York, turn to MacVean, Lewis, Sherwin & McDermott, P.C. for quality legal representation. You can learn more about the firm’s broad range of practice areas, which include elder law and corporate law, by visiting their website. To schedule an initial consultation with a DWI law attorney in Middletown, call (845) 343-3000. You can also find the law firm on Facebook.