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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: Â .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.
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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 – |
$300 civil penalty and $100 re-application fee |
None |
Revoked for at least one year. |
|
Chemical Test Refusal – |
$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). |
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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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