What evidence is acceptable for a DWI charge in New York?

On Behalf of | Jul 28, 2021 | Dwi

Driving while intoxicated in New York is a serious crime that can lead to brutal penalties; for example, you risk revocation of your driver’s license, incarceration, and heavy fines. Sometimes, you can receive all of these punishments simultaneously; then, after your conviction, the court will order that you install an ignition interlock device on your car. So, let us look at the evidence that the prosecutor will use against you to prepare yourself befittingly.

What is DWI in New York?

In New York, if your blood alcohol level is .08 or higher when driving, you are deemed to be intoxicated for purposes of the law. In layman’s terms, a shot of liquor or a five-ounce glass of wine are enough to get you to .08 BAC, but this varies among people due to weight and other characteristics.

What penalties are you likely to face?

  • If this is the first time you are being convicted on a DWI charge, you will face a one-year prison sentence, fines of up to $1000, and a 90 day driver’s license revocation.
  • If this is your second conviction, you are likely to face a four-year maximum prison sentence, fines up to $5000, and a six-month license revocation.
  • For a third conviction, you risk a maximum prison sentence of seven years, fines of up to $10,000, and a six-month license revocation.

What evidence is admissible for a DWI charge?

Physical evidence such as open containers of alcohol, receipts that confirm that you recently purchased an alcohol, or presence of other drugs in your car.

  • Testimonies from eye witnesses or the arresting officer.
  • Making self-incriminating statements while the police officer is arresting you.
  • Record videos from traffic stops, business buildings, or ATMs that you may have used while drunk.
  • Chemical test results (i.e., from the breathalyzer) or refusal to submit for a chemical test.
  • Forensic evidence, if you get involved in an accident, and the police investigators gather evidence from the scene and test it for drug use.

The penalties for driving while intoxicated are quite severe. The best strategy for avoiding being charged is to avoid alcohol before you get behind the wheel.