NASSAU COUNTY DWI LAWYER

DWI PENALTIES

 

 

First New York DWI Offense:


New York Criminal Status: Non-injury DWAIs are generally traffic infractions, non-injury DWIs are generally misdemeanors. DWAIs and DWIs that result in bodily injury may be elevated to felony status, depending upon on the circumstances.

Jail: DWAI: up to 15 days in jail. DWI: up to one year in jail. Actual time served will depend on the circumstances surrounding the DWI and the judge.

New York DWI Fines/Costs:

- DWAI: $300 - $500 plus possible penalty assessments.

- DWI: $500 - $1,000 plus possible penalty assessments.

- Zero Tolerance: $125 civil penalty, $100 suspension termination fee.

- Driver Responsibility Assessment: $250 – may need to be paid annually for 3 consecutive years ($750 total) on top of fines listed above.

New York License Suspension:

- DWAI: 90 day suspension

- DWI: Revoked for at least 6 months

Violation of Zero Tolerance Law: 6 months suspension

New York Conditional License: Possible after participating in New York’s Drinking Driver Program (DDP).

Vehicle Impound: Yes.

New York DWI School: Attendance at a Victim Impact Panel, Optional Drinking Driver Program (DDP).

New York Probation: Possible probation, usually report to a probation officer. Offenders are tracked through probation and treatment for re-licensing purposes.

New York Community Service: Community service may be possible as part of probation, but it depends on the court and the individual judge.

 

 

Second New York DWI Offense Plus:

 

New York Criminal Status: Non-injury DWAIs are generally traffic infractions, non-injury DWIs are generally misdemeanors. DWAIs and DWIs that result in bodily injury may be elevated to felony status, depending upon on the circumstances.

Jail: Minimum of 5 days (or community service as an alternative), maximum of 30 days.

New York DWI Fines/Costs:

- Second DWAI violation in five years: $500 - $750, plus fees and assessments.

- Second DWI violation in 10 years: $1,000 - $5,000, plus fees and assessments.

- Second violation of Zero Tolerance Law: $125 civil penalty and $100 reapplication fee.

New York License Suspension:

- Second DWAI in five years: 6 month revocation

- Second DWI: one year revocation

- Second Zero Tolerance Law violation: one year revocation or until 21

Vehicle Impound: Yes.

New York DWI School: Possible attendance Drinking Driver Program (DDP) Link: http://www.nydmv.state.ny.us/broch/c40.htm. Additionally, courts may require attendance at a “Victim Impact Program”

New York Probation: Yes. Depends on offense, court and judge. Offenders are tracked through probation and treatment for re-licensing purposes. Alcohol or drug treatment program may be prescribed by court as part of probation. Probation periods for misdemeanors are between one and three years.

New York Community Service: 5 days of community service generally required.

 

Other:


Commercial Vehicle:

Per se – level 1 (BAC of .04 - .07); fine of $300 - $500 (plus possible assessments); misdemeanor, maximum possible jail term of 15 days, 1 year CDL (commercial driver’s license)
Class A, B or C disqualification or 3 years if driving a vehicle that requires hazardous materials placards.

Per se – level 2 (BAC of .06 to .08, fine of $500 - $1,500 (plus possible assessments), misdemeanor, maximum possible jail term of 180 days, 1 year CDL disqualification / revocation. CDL operators under the age of 21 will be guilty of DWI with a BAC of .02 - .04.

Under Age: 21

New York DWI Insurance Consequences: How a DUI/DWI Affects Your Car Insurance.

New York Open Container Laws: Yes. Driver/passenger.

How long does a DWI stay on your record? A DWI in New York stays on your driving record for 10 years.

Driver Responsibility Tax: Yes. New York has a driver responsibility ‘assessment’ of $250 that may need to be paid annually for three consecutive years ($750 total) on top of fines.

Ignition interlock device program: To be repealed September 2007.