Finding yourself on the defending end of a DWI charge can be an expensive, time-consuming hassle, but it can easily be prevented simply by educating yourself about the laws you are up against. New York state law includes three levels of DWI charges, including the…
There are a variety of different DWI charges in New York, one of which is Driving While Ability Impaired by Alcohol (DWAI/Alcohol). A driver who is arrested for driving under the influence faces these charges if his or her Blood Alcohol Content (BAC) level is higher than .05, but lower than .07 or if there is other evidence of impairment. Although DWAIs are not considered criminal offenses, they can still come up on a background check. So if you were recently arrested for a DWAI in New York, it is critical to speak with an experienced DWAI attorney who may be able to get your charges reduced or even dismissed.
DWAI Penalties in New York
DWAIs are not considered criminal offenses, but are instead labeled as traffic violations. However, those convicted of a DWAI still face serious penalties. These include fines of between $300 and $500, a 15 day jail sentence, and a mandatory driver’s license suspension of 90 days. Subsequent offenses invite even harsher penalties. For instance, a person convicted of a second DWAI violation within five years could receive a fine of up to $750, spend 30 days in prison, and have his or her license revoked for at least six months. A third or subsequent DWAI within ten years is a criminal offense. The offender is charged as a misdemeanor, which is punishable by up to six months in jail, a $1,500 fine, and a mandatory license revocation of at least 180 days. Because a third or subsequent offense is a misdemeanor crime, the charge will go on a person’s criminal record.
DWAIs and Background Checks in New York
Whether an employer sees a DWAI conviction on a background check depends on several factors. That includes the type of job the person is applying for and what information the employer requests. For example, an employer could find the information by looking up an applicant’s NYS DMV abstract. This will show all traffic violations for the last ten years. A review of these abstracts is included in a complete background check, which is usually required for public sector positions. A person’s license abstract will also reveal whether he or she has a conditional driver’s license, which could negatively affect an employer’s decision, especially if the job requires a substantial amount of driving.
Schedule a Consultation With an Experienced New York DWAI Attorney
If you were arrested for driving while under the influence and had a BAC level of between .05 and .07, you could be charged with a DWAI. These types of charges, while not technically criminal offenses, could still show up during a background check conducted by a potential employer, so if you were pulled over for driving while under the influence, please contact the Law Offices of George Vomvolakis at 212-682-0700 to speak with a dedicated DWAI lawyer who will aggressively defend your interests.