Fines & Sentencing
Fines and sentencing penalties for drinking and driving charges increase according to the severity of the charge. According to the New York State Department of Motor Vehicles the following terms are used in defining various drinking and driving charges:
BAC = blood alcohol concentration
- DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
- Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.
- DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
- DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol.
- DWAI/Combination: Driving While Ability Impaired by the Combined Influence of Drugs or 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 of at least one year and must pay a $500 civil penalty ($550 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 at least 18 months 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.
The following excerpt is taken from the New York State Department of Motor Vehicles website at http://www.nydmv.state.ny.us/dmvfaqs.htm#dwi:
What are the penalties for Alcohol-related or Drug-related Violations?
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Penalties for Alcohol-related and Drug-related Violations |
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| Violation (1) | Mandatory Fine (2) | Maximum Jail Term |
Mandatory Driver License Action (3) |
| Aggravated Driving While Intoxicated (A-DWI) | $1,000 – $2,500 | 1 year | Revoked for at least one year |
| Second A-DWI in 10 years (E felony)(1) | $1,000 – $5,000 | 4 years | Revoked for at least 18-months (5) |
| Third A-DWI in 10 years (D felony)(1) | $2,000 – $10,000 | 7 years | Revoked for at least 18-months (4,5) |
| Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) | $500 – $1,000 | 1 year | DWI-Revoked for at least six months DWAI-Drugs – Suspended for at least six months |
| Second DWI/DWAI-Drug violation in 10 years (E felony)(1) | $1,000 – $5,000 | 4 years | Revoked for at least one year |
| Third DWI/DWAI-Drug violation in 10 years (D felony)(1) | $2,000 – $10,000 | 7 years | Revoked for at least one year (4) |
| Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) | $500 – $1,000 | 1 year | Revoked for at least six months |
| Second DWAI/Combination in 10 years (E felony)(1) | $1,000 – $5,000 | 4 years | Revoked for at least one year/18 months (5) |
| Third DWAI/Combination in 10 years (D felony)(1) | $2,000 – $10,000 | 7 years | Revoked for at least one year/18 months (4,5) |
| Driving While Ability Impaired by Alcohol (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 | $500 civil penalty ($550 for commercial drivers) | None | Revoked for at least one year/18 months for commercial drivers |
| Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal | $750 civil penalty | None | Revoked for at least 18 months/permanent CDL revocation for commercial drivers |
| 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 | Suspended for 6 months. 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 | Suspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
- Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
- Surcharges are added to misdemeanors ($160) and felonies ($270).
- The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
- Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.
- A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.1
Our attorneys at the Law Offices of Thomas Trbovich will review the circumstances of your DWI charges in a free, no obligation consultation. We are available 24/7 to take your call.
Contact us today.
(716) 634-4747
1 New York State Department of Motor Vehicles website at http://www.nydmv.state.ny.us/dmvfaqs.htm#dwi
