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What are the penalties for Alcohol-related or Drug-related Violations?

DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL
DWAI (more than .05 up to .07 Blood Alcohol Content [BAC])
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Traffic Infraction)
Minimum $300
Maximum $500
Up to 15 Days 90-Day Suspension
2nd Offense
Within 5 years
(Traffic Infraction)
Minimum $500
Maximum $750
Up to 30 Days Minimum 6-Month Revocation
3rd Offense
Within 10 years
(Misdemeanor)
Minimum $750
Maximum $1,500
Up to 180 Days Minimum 1-Year Revocation
if current violation occurred within 5 years of previous violation**
DRIVING WHILE INTOXICATED
DWI (.08 and higher Blood Alcohol Content [BAC] or other evidence of intoxication)
or
DRIVING WHILE ABILITY IMPAIRED BY A DRUG
DWI-Drug
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Misdemeanor)
Minimum $500
Maximum $1,000
Up to 1 Year Minimum 6-Month Revocation
2nd Offense
Within 10 years
(Class E Felony)
Minimum $1,000
Maximum $5,000
Up to 4 Years; minimum 5 days jail or 30 days of community service Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
3rd Offense or more
Within 5 years
(Class D Felony)
Minimum $2,000
Maximum $10,000
Up to 7 Years; minimum 10 days jail or 60 days of community service Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
2nd Offense
Within 10 years
(Class E Felony)
Minimum $1,000
Maximum $5,000
Up to 4 Years Minimum 1-Year Revocation
3rd Offense or more
Within 10 years
(Class D Felony)
Minimum $2,000
Maximum $10,000
Up to 7 Years Minimum 1-Year Revocation
DRIVING WHILE ABILITY IMPAIRED BY A COMBINATION OF ALCOHOL OR DRUGS
DWAI-Combination
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Misdemeanor)
Minimum $500
Maximum $1,000
Up to 1 Year Minimum 6-Month Revocation
2nd Offense
Within 5 years
(E Felony)
Minimum $1,000
Maximum $5,000
Up to 4 Years Minimum 1-Year Revocation
3rd Offense
Within 10 years
(D Felony)
Minimum $1,000
Maximum $5,000
Up to 7 Years Minimum 18-Month Revocation**
AGGRAVATED DRIVING WHILE INTOXICATED
A-DWI (.18 and higher Blood Alcohol Content [BAC])
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Misdemeanor)
Minimum $1,000
Maximum $2,500
Up to 1 Year Minimum 1-year revocation
2nd Offense
Within 5 years
(Class E Felony)
Minimum $1,000
Maximum $5,000
Up to 4 Years; minimum 5 days jail or 30 days of community service Minimum 18-month revocation
3rd Offense or more
Within 10 years
(Class D Felony)
Minimum $2,000
Maximum $10,000
Up to 7 Years; minimum 10 days jail or 60 days of community service Minimum 18-month revocation**
ZERO TOLERANCE
Drivers Under 21 (DMV administrative finding of .02 to .07 Blood Alcohol Content [BAC])
  CIVIL PENALTY LICENSE ACTION ADDED FEE
1st Offense Minimum $125 6-Month Suspension $100 Suspension Termination Fee
2nd Offense Minimum $125 1-Year Revocation or until age 21, whichever is longer $100 Re-Application Fee

* Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance fee.

** For license revocations, the Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test. Three or more alcohol or drug-related offenses with 10 years can result in a permanent revocation, with a waiver request permitted after at least five years.

Mandatory Screening - If you are charged with or convicted of certain alcohol-related offenses, the courts will order alcohol screening and/or alcohol evaluation, prior to sentencing.


LICENSE PENALTIES

In addition to the imposed fine following conviction, most motorists also must pay a mandatory surcharge and a mandatory fee for assistance to crime victims. Not including the fine, the additional required surcharge and fee, combined, may reach hundreds of dollars or more.

DRIVER RESPONSIBILITY ASSESSMENTS

In addition to paying any fines, fees, penalties and surcharges authorized by law, you may have to pay a "Driver Responsibility Assessment" for certain violations that occur on or after November 18, 2004, that result in a conviction or administrative finding. Your learner permit, driver license, or driving privileges will be suspended if you do not make these payments.

If you are convicted of Driving While Intoxicated (DWI), or Driving While Ability Impaired (DWAI) or Driving While Ability Impaired by Drugs, or if you are found to have refused to submit to a chemical test, you will be required to pay a driver responsibility assessment of $250 each year for the next three years.

If you are convicted of one or more traffic violations resulting in six points in any 18-month period, you will be required to pay $100 each year for the next three years. For each additional point accumulated during that period, you will be required to pay another $25 per point every year for three years. For information on how points are assessed, see "The Point System" in Chapter 2 of the New York State Driver's Manual. Completion of a motor vehicle accident prevention course will not reduce the calculation of points affecting the driver responsibility assessment.

  1. Greater penalties can also apply for multiple alcohol or drug violations within a 10 year period.

  2. Surcharges are added to misdemeanors ($160) and felonies ($270).

  3. The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.

  4. Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.

  5. A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.

Take notice that surcharges are added to misdemeanors ($160) and felonies ($270). In addition, the driver license penalties for drivers under the age of 21are more severe.

Refusal to submit to testing

If you refuse a chemical test for BAC (Blood Alcohol Content), your license will be suspended at arraignment. A hearing will be scheduled and, if you are found to have unjustifiably refused your license will be revoked for at least one year (18 months for a commercial driver). If you are age 21 or over, and you have a second refusal within five years of a previous refusal or alcohol conviction, your license is revoked for 18 months (permanent for a commercial driver).

If you are under age 21, and you have a second refusal within five years of a previous refusal or alcohol conviction, your license is revoked for one year or until age 21, whichever is longer.

You will also be subject to a civil penalty of $500 (second offense, $750). A driver under 21 years old who refuses to take a chemical test under the Zero Tolerance Law is subject to a 1-year license revocation and a $300 civil penalty. The penalties and fines for refusing to submit to a chemical test are separate from, and in addition to, the penalties and fines for alcohol or drug-related convictions.


Suffolk County DWI Alternative facility (SCDWIAF) - Suffolk County maintains a minimum security facility for appropriate offenders which highlights treatment and long-term follow-up. A "split sentence" consisting of a period of incarceration (in the SCDWIAF) followed by a period of probation is a possibility for repeat DWI offenders. This may allow both for shorter periods of incarceration and more intensive therapy. 

CRIMINAL SENTENCES GENERALLY

PENAL LAW MISDEMEANORS

“B” Misdemeanor - Imprisonment of up to 6 months, one year probation and a fine of up to $500.

“A” Misdemeanor - Imprisonment of up to one year and/or probation.
of three years and a fine of up to $1,000.

FELONIES

“E” FELONY -    Up to four years imprisonment, possibly coupled with probation (maximum jail time 6 months if probation also part of sentence).

“D” FELONY -    Up to Seven years imprisonment, possibly coupled with probation (maximum jail time 6 months if probation is also part of sentence).

“C” FELONY -    One to five up to three to fifteen years

“B” FELONY -    One to eight and one-third up to three to twenty-five years

“A II” FELONY - Three to eight and one-third years up to life in prison

“A I” FELONY -  Fifteen to Twenty-Five years up to life in prison

Maximum incarceration: 15 days for Violation, 1 year for Misdemeanor

Some of the above change significantly for violent or predicate felons.

Fines may be imposed for specific designated amounts and restitution may be ordered in amounts related to the profits from the crime.

NONE OF THIS HAS TO HAPPEN TO YOU, THAT'S WHY YOU'RE HIRING US!

   

Nassau Office

666 Old Country Road
Garden City, NY
(516) 222-0200

Queens Office

125-10 Queens Blvd.
Kew Gardens, NY
(718) 544-7111

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