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Estelle Roond, Esq.

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DWI and DUI Arrests

Involving Alcohol and other Drugs

 

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The Criminal Defendant Handbook

Walk through your arrest, to conviction,
to the appeal process.
Includes a Legal Glossary for Legal Terms
you will need to understand.

This Criminal Defendant Handbook
was created by a Joint Committee of
the Association of the Bar of the City of New York
and the New York County Lawyers' Association

It is offered here as a public service by
Criminal Defense Attorney Estelle Roond
to anyone who finds themselves or a loved one caught up in our legal system.

HOME PAGE

DWI Explained

DWI - Four Separate Offenses

DWI Arrests in New York

BAC
Blood Alcohol Content

Field Sobriety Test

Breathalyzer Test

DWI Q&A

DWI Laws & Penalties Table from NYDMV

DWI Penalties in Sentence Format

Underage DWI Offenders

Commercial Drivers
and
Special Vehicles

Out of State Convictions and Licensees

Test Refusals

DWI Arrest to Trial Stages

DWI Criminal Process

Driver License Issues

Biggest Mistakes You Could Make After Being Arested.

DWI Terms and Definitions

Statement of Client's Rights

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DWI Laws and Penalties in Table Format from the NY Department of Motor Vehicles

AGGRAVATED DRIVING WHILE INTOXICATED
A-DWI (.18 and higher Blood Alcohol Content [BAC])
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Misdemeanor)		 Minimum $1,000
Maximum $2,500		 Up to 1 Year Minimum 1-year revocation
2nd Offense
Within 5 years
(Class E Felony)		 Minimum $1,000
Maximum $5,000		 Up to 4 Years; minimum 5 days jail or 30 days of community service Minimum 18-month revocation
3rd Offense or more
Within 10 years
(Class D Felony)		 Minimum $2,000
Maximum $10,000		 Up to 7 Years; minimum 10 days jail or 60 days of community service Minimum 18-month revocation**

DRIVING WHILE INTOXICATED
DWI (.08 and higher Blood Alcohol Content [BAC] or other evidence of intoxication)
or
DRIVING WHILE ABILITY IMPAIRED BY A DRUG
DWI-Drug
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Misdemeanor)		 Minimum $500
Maximum $1,000		 Up to 1 Year Minimum 6-Month Revocation
2nd Offense
Within 10 years
(Class E Felony)		 Minimum $1,000
Maximum $5,000		 Up to 4 Years; minimum 5 days jail or 30 days of community service Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
3rd Offense or more
Within 5 years
(Class D Felony)		 Minimum $2,000
Maximum $10,000		 Up to 7 Years; minimum 10 days jail or 60 days of community service Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
2nd Offense
Within 10 years
(Class E Felony)		 Minimum $1,000
Maximum $5,000		 Up to 4 Years Minimum 1-Year Revocation
3rd Offense or more
Within 10 years
(Class D Felony)		 Minimum $2,000
Maximum $10,000		 Up to 7 Years Minimum 1-Year Revocation
DRIVING WHILE ABILITY IMPAIRED BY A COMBINATION OF ALCOHOL OR DRUGS
DWAI-Combination
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Misdemeanor)		 Minimum $500
Maximum $1,000		 Up to 1 Year Minimum 6-Month Revocation
2nd Offense
Within 5 years
(E Felony)		 Minimum $1,000
Maximum $5,000		 Up to 4 Years Minimum 1-Year Revocation
3rd Offense
Within 10 years
(D Felony)		 Minimum $1,000
Maximum $5,000		 Up to 7 Years Minimum 18-Month Revocation**
DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL
DWAI (more than .05 up to .07 Blood Alcohol Content [BAC])
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Traffic Infraction)		 Minimum $300
Maximum $500		 Up to 15 Days 90-Day Suspension
2nd Offense
Within 5 years
(Traffic Infraction)		 Minimum $500
Maximum $750		 Up to 30 Days Minimum 6-Month Revocation
3rd Offense
Within 10 years
(Misdemeanor)		 Minimum $750
Maximum $1,500		 Up to 180 Days Minimum 1-Year Revocation
if current violation occurred within 5 years of previous violation**
ZERO TOLERANCE
Drivers Under 21 (DMV administrative finding of .02 to .07 Blood Alcohol Content [BAC])
  CIVIL PENALTY LICENSE ACTION ADDED FEE
1st Offense Minimum $125 6-Month Suspension $100 Suspension Termination Fee
2nd Offense Minimum $125 1-Year Revocation or until age 21, whichever is longer $100 Re-Application Fee

* Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance fee.

** For license revocations, the Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test. Three or more alcohol or drug-related offenses with 10 years can result in a permanent revocation, with a waiver request permitted after at least five years.

Mandatory Screening - If you are charged with or convicted of certain alcohol-related offenses, the courts will order alcohol screening and/or alcohol evaluation, prior to sentencing.

 

LICENSE PENALTIES

In addition to the imposed fine following conviction, most motorists also must pay a mandatory surcharge and a mandatory fee for assistance to crime victims. Not including the fine, the additional required surcharge and fee, combined, may reach hundreds of dollars or more.

DRIVER RESPONSIBILITY ASSESSMENTS

In addition to paying any fines, fees, penalties and surcharges authorized by law, you may have to pay a "Driver Responsibility Assessment" for certain violations that occur on or after November 18, 2004, that result in a conviction or administrative finding. Your learner permit, driver license, or driving privileges will be suspended if you do not make these payments.

If you are convicted of Driving While Intoxicated (DWI), or Driving While Ability Impaired (DWAI) or Driving While Ability Impaired by Drugs, or if you are found to have refused to submit to a chemical test, you will be required to pay a driver responsibility assessment of $250 each year for the next three years.

If you are convicted of one or more traffic violations resulting in six points in any 18-month period, you will be required to pay $100 each year for the next three years. For each additional point accumulated during that period, you will be required to pay another $25 per point every year for three years. For information on how points are assessed, see "The Point System" in Chapter 2 of the New York State Driver's Manual. Completion of a motor vehicle accident prevention course will not reduce the calculation of points affecting the driver responsibility assessment.

There is no cost or obligation for a consultation with NY DWI Attorney Estelle Roond.
For immediate assistance, call 718-596-4800. You can e-mail Estelle@dwilawyer.com,
or click here for our Free DWI Consultation Form to submit to our office.