First-Offense DWI

At Greenspan & Greenspan P.C., our attorneys advise and represent drivers who have been arrested for DWI. If you have no prior DWI or out-of-state DUI or OUI convictions on your record, you will have the opportunity to resolve the charge as a first offense. Although the consequences of a conviction can be serious even when it is your first offense, your options for pleading to a reduced charge or compromising the penalties will never be greater.

Charged with a DWI First Offense?

To find out how an experienced White Plains DWI attorney can help you take full advantage of a clean driving record after a first-offense DWI arrest, contact Greenspan & Greenspan P.C. for a free telephone consultation. With offices in White Plains and New City, New York, we are conveniently located for people on either side of the Hudson. Our DWI clients also benefit from our familiarity with the courts, prosecutors, and charging practices in both Westchester and Rockland counties and throughout the lower Hudson Valley.

Our first option for resolving a DWI arrest is to see if we can successfully challenge the stop or arrest. We might be able to show that there was no probable cause to support the arrest, especially if our review of the field sobriety test or preliminary breath test evidence shows gaps or weaknesses in the arresting officer’s evidence.

In some cases, we can challenge the toxicology evidence of a blood alcohol concentration in excess of .08 percent. Proof of intoxication to that extent is the main fact the district attorney needs to prove to support a conviction, but problems with the operation or maintenance of the testing device can put that evidence into enough doubt to support dismissal or acquittal.

Our review of the evidence and your defense alternatives sometimes shows that none of these options has a strong chance of success. In those situations, we’ll try to take advantage of a plea negotiation opportunity that’s normally only available to first offenders.

Penalties for a First-Offense DWI in New York

1st offense DWI penalties may surprise you. They can be swift and steep, even if it is your first DWI in NY. Many who are unfamiliar with the process wonder, This is my first DWI; what penalties can I face? The range of penalties can include:

• Jail time,
• Fines,
• Fees,
• Installation of an ignition interlock device, and
• Alcohol evaluation and counseling.

The minimum penalties will depend on your blood alcohol content (BAC) at the time of arrest.

For a first offense with a BAC between 0.08% and 0.18%, you may face up to one year in jail and a minimum license suspension of six months. If your BAC is higher than 0.18%, you may be sentenced to up to one year in jail and face a license suspension of at least one year. 

These jail time and license suspension periods will significantly increase for second, third, or subsequent convictions. 

How Much Fine Can You Expect to Pay for a 1st-Time DWI Offense?

The potential for being incarcerated and facing lengthy license suspensions are not the only penalties to be concerned about. DWI convictions come with substantial monetary fines, fees, and assessment charges. 

Specifically, for a 1st-offense DWI in New York, the fines are delineated as follows:

• If your BAC is between 0.08% and 0.18%—a minimum fine of $300 but up to $500; and 
• If your BAC is higher than 0.18%—the minimum fine increases to $1,000, but it can be up to $2,000. 

Typically, all fines and fees must be paid in full before you can seek restoration of your driver’s license. In other words, once your suspension period is up, all of your fines must be paid so that the DMV can reinstate your license. 

A seasoned attorney advocating for you is vital to receiving the minimum penalties for a DWI, even a first offense.

First Offenders Have Better Options for Compromising DWI Charges

First-time offenders over the age of 21 may be able to have a misdemeanor DWI charge reduced through a plea bargain to DWAI—driving while ability impaired. Each case is different, and there are many factors that will determine your eligibility for a reduced charge. DWAI is a traffic infraction, not a criminal offense. A conviction of DWAI may nevertheless result in harsher penalties in the event of a future DWAI or DWI conviction.

Repeat offenders need to consider that conviction for DWAI as a third offense—that is, with any combination of two prior DWAI or DWI convictions within the preceding 10 years—is a crime, not a mere infraction or violation.

Different considerations apply for first-time offenders under age 21.

If You’re Arrested for a DWI In Westchester County, Contact Us

Find out how our experienced defense lawyers can work to improve your outcome for a first-offense DWI charge in Westchester or Rockland counties. Contact Greenspan & Greenspan P.C. at either of our two locations.