DWI Penalties Louis J. Milone, Jr. PC Attorneys Rockville Centre New York

What Are The Penalties For Alcohol-Related or Drug-Related Violations?

Usually, a first time offender will not serve a jail sentence. The possibility is still there, however, to be sentenced to a jail term of up to one year. More often than not, though, the sentence will be suspended by a judge and the offender will be sentenced to probation. If the terms of the probation are not met, the judge can revoke the probation and send the offender to jail.

Obviously, penalties are much stiffer for a second or third conviction of a DWI or other related violation. For example, fines for a second offense can run up to $5,000 and carry with it a jail term of up to four years. A third offense can result in a $10,000 fine and up to 7 years in prison. In all cases, the driver's license will be revoked.

Some conditions of probation include:

1. Community Service
2. Taking a DWI awareness class
3. Report to your probation officer, most often, monthly
4. Do not drink alcohol or consume other drugs
5. Maintain a job
6. Do not break any other laws

Can I get a conditional license if I was convicted of DWI or DWAI?

If you receive your first conviction for DWI or DWAI and you participate in the Drinking Driver Program (DDP), you can receive a conditional license. The DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP. To get complete information read the DMV brochure, The Drinking Driver Program.

Driver Responsibility Assessment

The Vehicle and Traffic Law has been amended to add in a "Driver Responsibility Assessment" forr all persons convicted of a violation of any subdivision of ss 1192 (DWI or DWAI) or any person found to have refused a chemical test in accordance with ss 1194, and any person who accumulates six points or more in an 18 month period. These assessments will be imposed by the commissioner.

Penalties for Alcohol-related and Drug-related Violations
Specific Violation	Mandatory Fine (1)	Maximum Jail Term	Mandatory Driver License Action (2)
Driving While Intoxicated (DWI)	$500 - $1,000	1 year	Revoked for at least six months
Aggravated Driving While Intoixicated	$1,000 -$2,000	1 year	Revoked for at least one year
Second DWI violation in 10 years (E felony)	$1,000-$5,000	4 years	Revoked for at least one year
Third DWI violation in 10 years (D felony)	$2,000 - $10,000	7 years	Revoked for at least one year
Driving While Ability Impaired (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
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	$300 civil penalty ($350 for commercial drivers)	None	Revoked for at least one year.
Chemical Test Refusal within five years of a previous DWI-related charge	$750 civil penalty	None	Revoked for at least one year.
Chemical Test Refusal --------------- Zero Tolerance Law	$300 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Chemical Test Refusal --------------- Second or subsequent Zero Tolerance Law	$750 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Driving Under the Influence(Out-of-state)	N/A	N/A	Revoked 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 or drug violation	N/A	N/A	Revoked at least 90 days. If less than 21 years of age, revoked at least one year or until age 21 (longest term).
Take notice that surcharges are added to misdemeanors ($160) and felonies ($270). In addition, the driver license penalties for drivers under the age of 21 and for professional drivers are different.