New York DWI Defense

DWI & DWAI: penalties, fines, and conditional license

New York Criminal Defense	An arrest for drunk driving is treated very seriously by the District Attorneys in New York State. The only non-criminal charge for drunk driving is called DWAI. One is guilty of DWAI if he/she has a blood alcohol content of 0.060 to 0.079. DWAI is a violation and does not result in a criminal record, though it does result in fines, licenses suspension and other possible penalties, including community service and even a jail sentence. Above DWAI is a DWI charge. If you are arrested for driving with a blood alcohol content above 0.08, you will be charged with a crime. A first offense will normally be a misdemeanor, carrying up to a year in jail (though most sentences are significantly less than that or no jail at all). However, in some cases, including repeat offenses and/or accidents resulting in death or significant injuries, the arrest may result in felony charges, carrying potentially several years in a state prison. A DWI charge also carries longer license suspension - at least 6 months, often a year or more, depending on the circumstances of the arrest. We are providing the following for information only. We cannot guarantee the accuracy of the following information. You must always consult an attorney specializing in New York DWI defense in all cases.
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If you are convicted of DWI or DWAI, your drivers license will be suspended for at least 6 months for a DWI conviction and at least 3 months for a DWAI conviction. To get your license back, you will need to participate in the Drunk Driving Program (“DDP”). The DDP consists of seven sessions, 2-3 hours each, totaling 15-16 hours.

Participating in the program, may also make the Defendant is eligible for a conditional license while his/her driver's license is suspended, presuming other requirements are fulfilled (conditional licenses are given when needed for work or other necessities).The conditional license allows one to do the following:

• Travel to and from work and school (their own or to pick up a child)
• If you drive for a living, then the ability to drive during your work hours
• Travel to and from probation activities
• Travel to and from the DMV
• Travel to and from Medical Appointments with a medical doctor's note

The defendant's Order of Suspension or Revocation from the Department of Motor Vehicles will indicate where you can enroll in the DDP. On your first day, you will need to bring an acceptable form of ID with your signature, and $75 to cover the program fee. After enrollment, an additional fee of up to $225 will be required. If it is determined that you have a problem that needs further treatment, there will be additional costs. There can be many reasons for the referral:

• Defendant's a written self-inventory.
• Multiple alcohol or drug-related driving convictions within 10 years.
• Additional DWI or DWAI arrests while enrolled in the DDP.
• Coming to class under influence of drugs or alcohol.
• A voluntary request by the defendant.

If you disagree with the counselors evaluation, you may contact the Director of the DDP and request a second evaluation.

Getting your license back

Once you graduate from the Drunk Driving Program, a Notice of Completion will be issued to both the defendant and the DMV. If the defendant's driver's license is suspended, he/she must, after completing the DDP, go to the DMV and pay a $50 suspension termination fee (if the license was suspended due to a violation of the “Zero Tolerance Law,” the defendant must pay a $100 suspension termination fee and a $125 civil penalty), and pay the license fees.

If the driver's license is revoked, the defendant, upon completing the DDP, must bring your DDP “Notice of Completion” (MV-2026) and conditional license to the state or county motor vehicle office that issued the license; meet all DMV requirements and criteria for re-licensing; and, pay any required license fees such as for license renewal, or for any required skills tests for Commercial Driver Licenses.

For a consultation with a DWI attorney, call (212) 748-9243..

New York DWI Penalties

Charge	Fine	Jail	License
First DWI -1	$500-$1K	1 yr	6 mo+
Second DWI -1	$1K-$5K	4 yrs	1 yr+
Third DWI -1	$2K-$10K	7 yrs	1 yr+
First DWAI -2	$300-$500	15 days	90 days
Second DWAI -2	$500-$750	30 days	6 mo+
Zero Tolerance	$125+$100	None	6 mo
Second Zero Tolerance	$125+$100	None	1 yr 3
Chemical Test Refusal	$300-$350	None	6 mo+
Test Refusal Within 5 Years of DWI-related charge	$750	None	1 yr+
Chemical Test Refusal	$300+$50	None	1 yr+
Second Chemical Refusal	$750+$50	None	1 yr+
Driving Under the Influence - Out-of-State	N/A	N/A	90 days. -3
Driving Under the Influence - Out-of-State with previous alcohol-drug violation	N/A	N/A	90 days. -3

This guide cannot be used as legal advice. The information may not be accurate. We strongly recommend you retain the services of a competent New York DWI lawyer before making a decision.

Storobin & Spodek LLP 14 Wall Street, 20 Floor New York, N.Y. 10005 Phone: (212) 748-9243 Fax: (212) 748-9382

Storobin & Spodek LLP 26 Court Street, Suite 913 Brooklyn, N.Y. 11201 Phone: (718) 596-3700 Fax: (800) 391-7207

Storobin & Spodek LLP 104-70 Queens Blvd., Suite 300 Forest Hills, N.Y. 11375 Phone: (800) 391-8392 Fax: (800) 391-7207