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      Experienced Buffalo DWI lawyer outlines the penalties for a DWI conviction in New York

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        DWI Guide

        Download our FREE guide to learn what steps you should be taking after a DWI. 

        DWI Guide

        Download our FREE guide to learn what steps you should be taking after a DWI.

        DWI Guide

        Download our FREE guide to learn what steps you should be taking after a DWI. 

        Experienced Buffalo DWI lawyer outlines the penalties for a DWI conviction in New York

        As experienced Buffalo DWI lawyers, we often receive questions from clients about the DWI penalties associated with a conviction. Watch the video below by attorney Robert Friedman for insight into potential DWI penalties associated with a DWI conviction in New York State.

        • The type of penalties you receive for DWI in New York will depend on a variety of factors.
        • Factors such as your criminal record, whether or not there was an accident and how you performed on the roadside tests.
        • You may have to pay a fine or go to driving school, and in some cases even go to jail for a DWI conviction.

        New York DWI & DWAI penalties

        • 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.

        New York penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.

        Penalties for alcohol or drug-related violations

        VIOLATION

        MANDATORY FINE

        MAXIMUM JAIL TERM

        MANDATORY DRIVER LICENSE ACTION

        Aggravated Driving While Intoxicated (AGG DWI)

        $1,000 – $2,500

        1 year

        Revoked for at least one year

        Second AGG DWI in 10 years (E felony)

        $1,000 – $5,000

        4 years

        Revoked for at least 18 months

        Third AGG DWI in 10 years (D felony)

        $2,000 – $10,000

        7 years

        Revoked for at least 18 months

        Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)

        $500 – $1,000

        1 year

        Revoked for at least six months

        Second DWI or DWAI-Drug violation in 10 years (E felony)

        $1,000 – $5,000

        4 years

        Revoked for at least one year

        Third DWI or DWAI-Drug violation in 10 years (D felony)

        $2,000 – $10,000

        7 years

        Revoked for at least one year

        Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)

        $500 – $1,000

        1 year

        Revoked for at least six months

        Second DWAI-Combination in 10 years (E felony)

        $1,000 – $5,000

        4 years

        Revoked for at least one year

        Third DWAI-Combination in 10 years (D felony)

        $2,000 – $10,000

        7 years

        Revoked for at least one year

        Driving While Ability Impaired by Alcohol (DWAI)

        $300 – $500

        15 days

        Suspended for 90 days

        Second DWAI violation in 5 years

        $500 – $750

        30 days

        Revoked for at least six months

        Third or subsequent DWAI within 10 years (Misdemeanor)

        $750 – $1,500

        180 days

        Revoked for at least six months

        Zero Tolerance Law

        $125 civil penalty and $100 fee to terminate suspension

        None

        Suspended for six months

        Second Zero Tolerance Law

        $125 civil penalty and $100 re-application fee

        None

        Revoked for one year or until age 21

        Chemical Test Refusal

        $500 civil penalty ($550 for commercial drivers)

        None

        Revoked 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 penalty

        None

        Revoked 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 fee

        None

        Revoked for at least one year.

        Chemical Test Refusal –
        Second or subsequent Zero Tolerance Law

        $750 civil penalty and $100 re-application fee

        None

        Revoked for at least one year.

        Driving Under the Influence  (Out-of-State)

        N/A

        N/A

        Revoked 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 violation

        N/A

        N/A

        Revoked 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).

         

        Additional penalties

        • Greater penalties can also apply for multiple alcohol or drug violations within a 25-year period

        • Surcharges are added to alcohol-related misdemeanors ($260) and felonies (generally $400, but varies depending on the court of conviction)

        • 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

        • Drivers 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, drivers with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation

        • Drivers convicted of an Aggravated DWI, DWI, DWAI/Drug, DWAI/combination, vehicular assault and aggravated vehicular assault, or vehicular manslaughter and vehicular homicide three or more times in the preceding 15 year period are guilty of a Class D felony

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        Are you concerned about the possible DWI penalties for a conviction? Contact experienced attorney Mike Ranzenhofer for strong legal representation. With over 42 years of experience, he has the skills and resources necessary to build a strong defense and challenge the results of the roadside testing. Contact him today and let his experience work for you.

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