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      • If you were involved in a DWI accident that resulted in bodily injury to another, you can be charged with the crime of vehicular assault — a Class E felony. The charges increase to a Class D felony if your driving under the influence caused an accident which resulted in the death of another.
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  2. Penalties for alcohol or drug-related violations. Driving while intoxicated is a crime. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions. the amount of alcohol you drink.

  3. Vehicle Traffic Law - Alcohol / Drug Violations. DWI / DWAI Terms. Penalties for Alcohol or Drug-Related Violations in NYS. The penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term. Source: New York State Department of Motor Vehicles (dmv.ny.gov)

  4. Leandra's Law, which became effective December 18, 2009, sets some of the toughest DWI provisions in the country. Under Leandra's Law: First time offenders driving while intoxicated or impaired by drugs with a child less than 16 years old in the vehicle may be charged with a class E felony, punishable by up to four years in State prison.

  5. May 6, 2024 · Legally, New York primarily recognizes DWI as the offense of operating a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher for drivers of standard vehicles and 0.04% for commercial drivers. On the other hand, the state introduced a lesser charge, DWAI (Driving While Ability Impaired).

  6. Aug 28, 2023 · Although a DWAI is a violation — and not a misdemeanor or felony — it can still carry significant penalties, including a $300-$500 fine, a maximum jail sentence of 15 days, and a 90-day driver’s license suspension. Driving While Intoxicated, Per Se.

  7. Jul 5, 2022 · First DWI — While no minimum jail time is required for a first DWI, a maximum sentence of one year in jail is possible. Mandatory fines can range from $500 to $1,000, and you may also be required to pay for, install, and maintain an interlock ignition device in your vehicle.