DWI

Our firm also specializes in representing drivers in DWI charges, assisting from the time of arrest until final disposition. Our attorneys can also help with Safety Hearings resulting from automotive accidents or significant points. We can also help avoid the suspension of operating privileges and sometimes save you money. Driving While Intoxicated (DWI) is a crime. In NYS, the penalties include the loss of driving privileges, fines, and a possible jail term. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions: 1. the amount of alcohol you drink, 2. the amount of food you eat before or while you drink alcohol, 3. the length of time you drink alcohol, 4. your body weight, and 5. your gender. There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.  Generally 1 drink equals 1 ounce of 100-proof liquor, one five ounce glass of table wine or one 12-ounce bottle of regular beer.  Most people need about one hour to metabolize one drink. If a police officer believes you are intoxicated, you will be arrested and requested to take a BAC test. If convicted you will face a substantial fine, license revocation, higher insurance costs, legal fees and a possible jail sentence. (See Section 1192, NYS Vehicle & Traffic Law)  If you refuse to take the BAC test your license will be suspended by DMV at arraignment and later there is the possibility that it may be revoked at a hearing. You are also subject to a civil penalty of $200-500. (Section 1194, NYS Vehicle & Traffic Law) ___ The alcohol and drug-related violations in New York State are as follows: DWI: Driving While Intoxicated; .08 blood alcohol concentration (BAC) or higher or other evidence of intoxication. DWAI: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment. DWAI / Drugs: Driving While Ability Impaired (by a drug that is not alcohol). Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge will have their driver license revoked for one year and must pay a $750 civil penalty to apply for a new driver license. 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. What are the penalties for Alcohol-related or Drug-related Violations? Penalties for Alcohol-related and Drug-related Violations 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 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 six months. 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-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). Surcharges are added to misdemeanors ($160) and felonies ($270). The driver license penalties for drivers under the age of 21 and for professional drivers are different. If you receive your first conviction for DWI or DWAI and you participate in the Drinking Driver Program (DDP), you can usually receive a conditional license. The DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP. Consequences of DWI conviction can result in prison, fines, loss of driving privileges, increased or canceled car insurance, lost job opportunities, as well as significant personal impact.  Many employers will not hire you if you have a drunk driving conviction in your driver's history. Some companies go back a certain number of years.   Others look back as far as your state's driver's history will report a record. Each state's drivers history is different. Being convicted of a DWI may cause your insurance rates to go up or worse.  Whether your rates go up depends on whetheryour insurance company finds out about your arrest and what its rules are for drivers who are arrested for a DUI. Insurance companies generally check motor vehicle records on their policyholders every three years, so a DUI arrest might go unnoticed. Their focus is generally on convictions (pleading or being found guilty of charges) rather than on DUI charges alone.  However, even if your insurance company does notice your DUI, there's no guarantee that it would cancel your policy or raise your insurance rates. Rules vary by insurance company but insurers say they generally look at a policyholder's total driving record and claims history when considering what penalty, if any, they will assess for a DUI. Click to go back.