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Buffalo, New York Jail Time and Criminal Fine Guidelines For DWI

Driving While Intoxicated (DWI) is considered a serious crime in Buffalo, New York.  The penalties include the loss of driving privileges, stiff fines and in some circumstances, jail time.

There are numerous alcohol and drug related traffic violations in the State of New York.

Here’s a quick review of the violations:

  • DWI in NY: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
  • Aggravated DWI in NY: Aggravated Driving While Intoxicated: .18 BAC or higher.
  • DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
  • DWAI/Drug in NY: Driving While Ability Impaired by a single Drug other than alcohol.
  • DWAI/Combination in NY: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.
  • Refusing A Chemical Test(Breathalyzer or other test): A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a commercial driver) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license taken away for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If you’re under age 21, and refuse a chemical test during the five years after a DWI-related charge or previous refusal, you will have your driver license revoked for at least one year or until age 21, whichever is longer – And you have to pay a $750 civil penalty to apply for a new driver license.
  • NY 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 – see the New York State Zero Tolerance Law for more information.

If you’re arrested for any of these violations, these are the potential fines and jail time you’ll be facing.

AGGRAVATED DRIVING WHILE INTOXICATEDA-DWI (.18 and higher Blood Alcohol Content [BAC])
CONVICTION FINEONLY* JAILSENTENCE LICENSEACTION**
1stOffense(Misdemeanor) Minimum$1,000Maximum $2,500 Upto 1 Year Minimum1-year revocation
2ndOffenseWithin 5 years(Class E Felony) Minimum$1,000Maximum $5,000 Upto 4 Years; minimum 5 days jail or 30 days of community service Minimum18-month revocation
3rdOffense or moreWithin 10 years(Class D Felony) Minimum$2,000Maximum $10,000 Upto 7 Years; minimum 10 days jail or 60 days of community service Minimum18-month revocation**
DRIVING WHILE INTOXICATEDDWI (.08 and higher Blood Alcohol Content [BAC] or other evidence ofintoxication)- OR –

DRIVING WHILE ABILITY IMPAIRED BY A DRUG

DWI-Drug

CONVICTION FINEONLY* JAILSENTENCE LICENSEACTION**
1stOffense(Misdemeanor) Minimum$500Maximum $1,000 Upto 1 Year Minimum6-Month Revocation
2ndOffenseWithin 10 years(Class E Felony) Minimum$1,000Maximum $5,000 Upto 4 Years; minimum 5 days jail or 30 days of community service Minimum1-Year Revocation, plus ignition interlock and alcohol assessment
3rdOffense or moreWithin 5 years(Class D Felony) Minimum$2,000Maximum $10,000 Upto 7 Years; minimum 10 days jail or 60 days of community service Minimum1-Year Revocation, plus ignition interlock and alcohol assessment
2ndOffenseWithin 10 years(Class E Felony) Minimum$1,000Maximum $5,000 Upto 4 Years Minimum1-Year Revocation
3rdOffense or moreWithin 10 years(Class D Felony) Minimum$2,000Maximum $10,000 Upto 7 Years Minimum1-Year Revocation
DRIVINGWHILE ABILITY IMPAIRED BY A COMBINATION OF ALCOHOL OR DRUGS<span>DWAI-Combination
CONVICTION<span> FINEONLY* JAILSENTENCE LICENSEACTION**
1stOffense(Misdemeanor) Minimum$500Maximum $1,000 Upto 1 Year Minimum6-Month Revocation
2ndOffenseWithin 5 years(E Felony) Minimum$1,000Maximum $5,000 Upto 4 Years Minimum1-Year Revocation
3rdOffenseWithin 10 years(D Felony) Minimum$1,000Maximum $5,000 Upto 7 Years Minimum18-Month Revocation**
DRIVINGWHILE ABILITY IMPAIRED BY ALCOHOL<span>DWAI (more than .05 up to .07 Blood Alcohol Content [BAC])
CONVICTION<span> FINEONLY* JAILSENTENCE LICENSEACTION**
1stOffense(Traffic Infraction) Minimum$300Maximum $500 Upto 15 Days 90-DaySuspension
2ndOffenseWithin 5 years(Traffic Infraction) Minimum$500Maximum $750 Upto 30 Days Minimum6-Month Revocation
3rdOffenseWithin 10 years(Misdemeanor) Minimum$750Maximum $1,500 Upto 180 Days Minimum1-Year Revocationif current violation occurred within 5 years of previous violation**
ZEROTOLERANCEDrivers Under 21 (DMV administrative finding of .02 to .07 BloodAlcohol Content [BAC])
CIVILPENALTY LICENSEACTION ADDEDFEE
1stOffense Minimum$125 6-MonthSuspension $100Suspension Termination Fee
2ndOffense Minimum$125 1-YearRevocation or until age 21, whichever is longer $100Re-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.

If you have been arrested for DWI in the Buffalo area, call the experienced former prosecutors with Friedman & Ranzenhofer.