New York State takes driving while intoxicated very seriously, as it is one of the leading causes of fatal motor vehicle accidents in the country. When faced with a driving while intoxicated charge, an individual certainly has an uncertain future. This is especially true when the individual already has a previous driving while intoxicated offense on their record that took place within the last 10 years. There are a lot of different factors that are taken into consideration when determining the penalties for a DWI offense because it is not always quite as cut and dry as it seems.
Some of the things that the court will have to take into consideration when determining a sentence for a driving while intoxicated offense includes:
- Whether the driver is under the age of 21. If they are, they can be charged with a DWI if they have a blood alcohol content of 0.02 or higher, as opposed to the standard 0.08 percent for drivers 21 and over.
- Whether the driver is driving a commercial vehicle. If they are, the limit for blood alcohol content is 0.04 percent instead of 0.08 percent. They are also at risk of losing their commercial drivers license
- Whether the driver has prior DWI offenses. If they have been found guilty in the last 10 years, the penalties are more serious.
If you are charged with driving under the influence, contact our firm today.
If you are in need of experienced legal counsel for a criminal defense matter in New York State, please contact KCS Law to schedule a consultation and we would be happy to assist you.
