Call us now if you or someone you love has been arrested for DWI

  • A DWI arrest can turn someones life upside-down and present a hardship for you and your family.
  • Do not go at this alone.  You will need an experienced attorney and one familiar with the technical aspects of this  law.  Call us now for a free consultation.

Possible consequences:

  • Significant fines and license revocation to a prison sentence and criminal record.
  • Personal injury or damaging property while driving drunk could add such charges as assault or homicide.
  • Prior drunk driving convictions?  The penalties for another conviction will be enhanced.
  • In addition insurance premiums could rise substantially
  • The possibility of losing your job or other privileges
  • Social stigma attached to DWI and "record".

What is drunk driving?

  • The charge of drunk is generally made out by showing that the driver had a blood alcohol content (BAC) in excess of 0.08. 

Alcohol and drug-related violations in New York State:

  • Driving While Intoxicated (DWI):  .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles:  .04 BAC or other evidence of intoxication
     
  • Aggravated Driving While Intoxicated (Aggravated DWI):  .18 BAC or higher
     
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol):  more than .05 BAC but less than .07 BAC, or other evidence of impairment
     
  • Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
     
  • Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
     
  • Chemical Test Refusal:  A driver who refuses to take a chemical test (normally a test of breath, blood or urine)
     
  • Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law

 

Penalties for alcohol or drug-related charges:
Source: New York State Department of Motor Vehicles
http://www.dmv.ny.gov/

Aggravated Driving While Intoxicated (AGG DWI)$1,000 - $2,5001 yearRevoked for at least one year

Second AGG DWI in 10 years (E felony)$1,000 - $5,0004 yearsRevoked for at least 18 months

Third AGG DWI in 10 years (D felony)$2,000 - $10,0007 yearsRevoked for at least 18 months

Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)$500 - $1,0001 yearDWI - Revoked for at least six months
DWAI-Drugs - Suspended for at least six months

Second DWI or DWAI-Drug violation in 10 years (E felony)$1,000 - $5,0004 yearsRevoked for at least one year

Third DWI or DWAI-Drug violation in 10 years (D felony)$2,000 - $10,0007 yearsRevoked for at least one year

Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)$500 - $1,0001 yearRevoked for at least six months

Second DWAI-Combination in 10 years (E felony)$1,000 - $5,0004 yearsRevoked for at least one year

Third DWAI-Combination in 10 years (D felony)$2,000 - $10,0007 yearsRevoked for at least one year

Driving While Ability Impaired by Alcohol (DWAI)$300 - $50015 daysSuspended for 90 days

Second DWAI violation in 5 years$500 - $75030 daysRevoked for at least six months

Third or subsequent DWAI within 10 years (Misdemeanor)$750 - $1,500180 daysRevoked for at least six months

Zero Tolerance Law$125 civil penalty and $100 fee to terminate suspensionNoneSuspended for six months

Second Zero Tolerance Law$125 civil penalty and $100 re-application feeNoneRevoked for one year or until age 21

Chemical Test Refusal$500 civil penalty ($550 for commercial drivers)NoneRevoked for at least one year, 18 months for commercial drivers.

Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal$750 civil penaltyNoneRevoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.

Chemical Test Refusal - 
Zero Tolerance Law$300 civil penalty and $100 re-application feeNoneRevoked for at least one year.

Chemical Test Refusal 
Second or subsequent Zero Tolerance Law$750 civil penalty and $100 re-application feeNoneRevoked for at least one year.

Driving Under the Influence  (Out-of-State)N/AN/ARevoked for at least 90 days. If less than 21 years of age, revoked at least one year.

Driving Under the Influence  (Out-of State) with any previous alcohol-drug violationN/AN/ARevoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).

Ignition Interlock Rules: Ignition Interlock Rules apply to all Misdemeanor DWI and Felony DWI Convictions in New York State for any conviction under the NYS DWI statute.