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Experienced Buffalo DWI lawyer outlines the penalties for a DWI conviction in New York
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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.
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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.
For a first-time misdemeanor DWI (BAC of .08 to .17), penalties typically include a fine of $500 to $1,000, a mandatory license revocation for at least six months, required installation of an ignition interlock device, participation in a Victim Impact Panel, and a potential jail sentence of up to one year, though jail is less common for a standard first offense.
Yes, the penalties are significantly worse. An Aggravated DWI is charged when your BAC is .18 or higher. For a first offense, it is still a misdemeanor, but the fines are higher ($1,000 to $2,500), and the mandatory license revocation is for at least one year. The likelihood of probation or jail time also increases.
Refusing a chemical test results in a separate and immediate administrative penalty from the DMV. Your license will be revoked for at least one year at a DMV Refusal Hearing, regardless of the outcome of your criminal DWI case. You will also face a civil penalty of $500. It is a serious decision with guaranteed consequences.
Leandra’s Law makes it an automatic Class E felony to drive while intoxicated with a child aged 15 or younger in the vehicle. A conviction carries a potential state prison sentence of up to 4 years, even for a first-time offender, and requires reporting to the Statewide Central Register of Child Abuse and Maltreatment.
An Ignition Interlock Device is a breathalyzer that is professionally installed in your vehicle. To start the car and operate it periodically while driving, you must blow into the device to prove you have not consumed alcohol. New York law mandates an IID for at least 12 months for anyone convicted of a misdemeanor or felony DWI.
Yes, a key goal of a DWI defense attorney is often to negotiate a plea bargain to a lesser offense. A plea to DWAI (Driving While Ability Impaired) is highly desirable because it is a non-criminal traffic infraction, not a misdemeanor. This avoids a permanent criminal record, though it still carries penalties like fines and a license suspension.
A prior DWI conviction within the last 10 years will elevate a new DWI charge to a Class E felony. A felony DWI carries much more severe penalties, including up to 4 years in state prison, a license revocation of at least one year, and higher fines. Multiple convictions can lead to permanent license revocation.
Yes, hiring an experienced DWI defense lawyer is absolutely essential to protect your future. The penalties for DWI in New York are severe and complex. An attorney at Friedman & Ranzenhofer will challenge the evidence against you and negotiate with the prosecutor to minimize the penalties, seeking alternatives to jail, protecting your license where possible, and fighting to avoid a permanent criminal record.
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