| NY Criminal Defense |
A Drunk Driving offense in New York State is very serious. The lowest level offense is DWAI, which is a violation and not a crime. One is guilty of DWAI if his/her blood alcohol content is 0.060 to 0.079. While this violation does not leave you with a criminal record, it carries fines and license suspension. (See the table below.) If you are driving with a blood alcohol content of 0.08 or above, you will be charged with a crime. Even a misdemeanor can result in up to a year in jail, not to mention a permanent criminal record. A felony DWI can result in much longer prison time. DWI carries higher fines and longer suspensions than DWAI. The following information is for information and entertainment purposes only. Always follow the advice of your criminal defense lawyer. |
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To speak with a criminal attorney, please call (212) 748-9243.
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:
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:
If you disagree with the counselors evaluation, you may contact the Director of the DDP and request a second evaluation.
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..
| 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 |
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Storobin & Spodek LLP |
Storobin & Spodek LLP |