Jail Time

A Serious Penalty

Being convicted of driving while intoxicated carries substantial penalties that can include fines, loss of driving privileges and required compliance with the ignition interlock law. Perhaps the most disturbing potential DWI penalty, though, is jail time.

If you’re like most people charged with driving while intoxicated, the idea of losing your freedom is a major source of worry. No one wants to have to spend time in jail, and the effect on your family is also likely to be considerable. Additionally, your reputation in the community may be hurt considerably if your neighbors know you’ve been incarcerated.

As though these effects are not bad enough, being jailed for DWI hurts your ability to earn money for your family. Not only  will you lose wages, your long-term earning power may on future employment, as many employers do not hire people who have spent time in jail.

To learn how you may be able to avoid being jailed for DWI, set up a case evaluation with an experienced New York City DWI lawyer by

Calling 212-500-3273

Jail Time Sentencing In DWI Convictions

When it comes to DWI punishments, the severity of penalties is often largely determined by whether a person has prior drunk driving convictions. The more offenses a person has, the greater the likelihood of having to serve a significant period of time in jail. BAC levels and other aggravating factors can also influence the severity of the punishment imposed by the court.

DWAI, DWI and aggravated DWI each have their own sentencing guidelines for jail time, which follow.

DWAI (BAC .05 to .07):

  • First offense — Up to 15 days
  • Second offense — Up to 30 days
  • Third or subsequent offense — Up to 180 days

DWI (BAC .08 or higher or a drug-related offense):

  • First offense — Up to 1 year
  • Second offense — Up to 4 years
  • Third or subsequent offense — Up to 7 years

Aggravated DWI (BAC .18 or higher):

  • First offense — Up to 1 year
  • Second offense — Up to 4 years
  • Third or subsequent offense — Up to 7 years

The individual circumstances surrounding an incident will likely contribute to the prosecutor’s request for the amount of jail time that should be served.

Fight For Your Freedom In New York City With The Help Of A DWI Lawyer

If you are facing jail time for driving intoxicated, a DWI attorney may be able to help. A lawyer will first seek to have the DWI charge dismissed so that you do not have to suffer any penalties. If that is not possible, an attorney may be able to secure lesser charges or alternative sentencing in a plea bargain. You may, for example, be put on probation instead of jailed.

Every DWI case is different and has its own complexities, which is why it is vital that you speak with a lawyer. This professional will develop a case on your behalf that fully accounts for the circumstances of your case and that  may eliminate or reduce penalties or reduce the risk of receiving  the most severe punishments.

To arrange a consultation with a New York City DWI lawyer.
Calling 212-500-3273