As of August 15, 2010, the penalties for alcohol-related and drug-related
driving convictions are as follows:
Driving While Ability Impaired ("DWAI") - First Alcohol-Related or Drug-Related Driving Conviction:
- Traffic infraction, not a crime.
- Jail: between 0 days and 15 days.
- Fine: between $300 and $500.
- Suspension of driver's license: 90 days, except for i) drivers under 21 years old and ii) drivers who possess commercial driver's licenses.
- Surcharge: $255.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
- Conditional License: eligibility likely.
DWAI - Second Alcohol-Related or Drug-Related Driving Conviction Within 5 Years:
- Traffic infraction, not a crime.
- Jail: between 0 days and 30 days.
- Fine: between $500 and $750.
- Revocation of driver's license: at least 6 months.
- Proof of alcohol rehabilitation required to obtain new license.
- Revocation of registration (at judge's discretion): at least 6 months.
- Surcharge: $255.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
- Conditional License: not eligible.
DWAI - Third Alcohol-Related or Drug-Related Driving Conviction Within 10 Years.
- Misdemeanor.
- Jail: between 0 days and 180 days.
- Probation: 3 years.
- Fine: between $750 and $1,500.
- Revocation of driver's license: at least 18 months.
- Proof of alcohol evaluation and/or rehabilitation required to obtain new license.
- Revocation of registration (at judge's discretion): at least 6 months.
- Surcharge: $395.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
- Conditional License: not eligible.
DWAI - Third Alcohol-Related or Drug-Related Driving Conviction Within 10 Years.
- Misdemeanor.
- Jail: between 0 days and 180 days.
- Probation: 3 years.
- Fine: between $750 and $1,500.
- Revocation of driver's license: at least 18 months.
- Proof of alcohol evaluation and/or rehabilitation required to obtain new license.
- Revocation of registration (at judge's discretion): at least 6 months.
- Surcharge: $395.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
- Conditional License: not eligible.
DWI - First Alcohol- or Drug-Related Driving Conviction (Other Than DWAI):
- Misdemeanor.
- Jail: between 0 days and 1 year.
- Probation: 3 years.
- Fine: between $500 and $1,000.
- Revocation of driver's license: at least 6 months.
- Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
- Revocation of registration (at judge's discretion): at least 6 months.
- Surcharge: $395.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
- Conditional License: possibly eligible.
DWI - Second Alcohol-Related or Drug-Related Driving Conviction (Other than DWAI) Within 10 Years (Where District Attorney Agrees to Misdemeanor Plea Rather than Felony Plea):
- Misdemeanor.
- Jail: i) between 5 days (or 30 days community service) and 1 year if predicate conviction within 5 years of arrest on current charge; otherwise ii) between 0 days and 1 year.
- Probation: 3 years.
- Fine: between $500 and $1,000.
- Revocation of driver's license: at least 1 year.
- Proof of alcohol evaluation and/or rehabilitation required to obtain new license.
- Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
- Revocation of registration (at judge's discretion): at least 1 year.
- Surcharge: $395.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
- Alcohol or Substance Abuse Assessment: required if predicate conviction occurred within 5 years of arrest on current charge.
- Conditional License: possibly eligible if predicate conviction occurred more than 5 years before arrest on current charge.
Aggravated DWI - First Alcohol-Related or Drug-Related Driving Conviction (Other Than DWAI):
- Misdemeanor.
- Jail: between 0 days and 1 year.
- Probation: 3 years.
- Fine: between $1,000 and $2,500.
- Revocation of driver's license: at least 1 year.
- Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
- Revocation of registration (at judge's discretion): at least 1 year.
- Surcharge: $395.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
- Conditional License: possibly eligible.
Aggravated DWI - Second Alcohol-Related or Drug-Related Driving Conviction (Other Than DWAI) Within 10 Years (Where District Attorney Agrees to Misdemeanor Plea Rather than Felony Plea):
- Misdemeanor.
- Jail: between 0 days and 1 year.
- Probation: 3 years.
- Fine: between $1,000 and $2,500.
- Revocation of driver's license: at least 18 months.
- Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
- Revocation of registration (at judge's discretion): at least 18 months.
- Surcharge: $395.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
Driving While Ability Impaired by Drugs - First Alcohol-Related or Drug-Related Driving Conviction (Other Than DWAI):
- Misdemeanor.
- Jail: between 0 days and 1 year.
- Probation: 3 years.
- Fine: between $500 and $1,000.
- Revocation of driver's license: at least 6 months.
- Revocation of registration (at judge's discretion): at least 6 months.
- Surcharge: $395.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
- Conditional License: not eligible.
- Restricted Use License: possibly eligible.
Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs - First Alcohol-Related or Drug-Related Driving Conviction (Other Than DWAI):
- Misdemeanor.
- Jail: between 0 days and 1 year.
- Probation: 3 years.
- Fine: between $500 and $1,000.
- Revocation of driver's license: at least 6 months.
- Revocation of registration (at judge's discretion): at least 6 months.
- Surcharge: $395.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
- Conditional License: possibly eligible.
Class E Felony DWI, Class E Felony Aggravated DWI, Class E Felony DWAI by Drugs, or Class E Felony DWAI by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs:
- Class E felony.
- Jail: i) between 5 days (or 30 days community service) and 4 years if predicate conviction occurred within 5 years of arrest on current charge; otherwise ii) between 0 days and 4 years.
- Probation: 5 years, which can include prohibition from driving throughout entire term of probation.
- Fine: between $1,000 and $5,000.
- Revocation of driver's license: at least 1 year.
- Proof of alcohol evaluation and/or rehabilitation required to obtain new license.
- Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
- Revocation of registration (at judge's discretion): at least 1 year.
- Surcharge: $520.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
- Alcohol or Substance Abuse Assessment: required if predicate conviction occurred within 5 years of arrest on current charge.
- Conditional License: possibly eligible if predicate conviction occurred more than 5 years prior to arrest on current charge.
Class D Felony DWI, Class D Felony Aggravated DWI, Class D Felony DWAI by Drugs, or Class D Felony DWAI by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs:
- Class D felony.
- Jail: i) between 10 days (or 60 days community service) and 7 years if predicate conviction occurred within 5 years of arrest on current charge; otherwise ii) between 0 days and 7 years.
- Probation: 5 years, which can include prohibition from driving throughout entire term of probation.
- Fine: between $2,000 and $10,000.
- Revocation of driver's license: at least 18 months.
- Proof of alcohol rehabilitation required to obtain new license.
- Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
- Revocation of registration (at judge's discretion): at least 1 year.
- Surcharge: $520.
- Driver Responsibility Assessment: $250/year for 3 years.
- Victim Impact Panel attendance.
- Alcohol or Substance Abuse Assessment: required if predicate conviction occurred within 5 years of arrest on current charge.
Call Bruce Yerman today at 646-480-1278 for your FREE Consultation with a New York DWI lawyer.
