DUI & DWI in New York

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In New York, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%  – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

0.18%  – categorized in NY as Aggravated DWI (A-DWI)

Having a license in the state of New York automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test.

Refusing to take the chemical test will result in your license being revoked for 1 year and a $500 civil penalty fee for first offense. For the second refusal within 5 years, there is a $750 penalty and license revocation for a minimum of 18 months. You will then have to make an application for a new driving license.

If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact Ticket Counsel absolutely FREE!!!

CATEGORIES:

• DWAI/Alcohol: The name for Driving While Ability Impaired specifically by alcohol.
• DWAI/Drugs: The specific name for Driving While Ability Impaired by a drug other than alcohol.
• DWAI/Combination: The specific name for Driving While Ability Impaired by both alcohol and other drugs.
• Aggravated DWI (A-DWI): Being charged with aggravated driving by having a 0.18% BAC or higher.

If you are over 21 years old:

DWAI/ALCOHOL

• Is treated as a Misdemeanor
• License suspension for 90 days.
• A $300 to $500 fine.
• A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
• Up to 15 days in jail.
• Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

(within 5 years)

• License revocation for at least 6 months.
• A $500 to $750 fine.
• A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
• Up to 30 days in jail.
• Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

 (within 10 years)

• Is treated as a Misdemeanor.
• Imprisonment for up to 180 days and/or $750-$1,500 fine.
• Your license will be revoked for minimum 1 year (if 3rd offense is within 5 years of 2nd).

DWI and DWAI/Drugs carry the same penalties.

1st Offense

• DWI: License revocation for 6 months.
• DWAI: License suspension for 6 months.
• Is treated as a Misdemeanor.
• A $500 to $1,000 fine.
• A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
• Up to 1 year in jail.
• Points will be added to your driving record.
• You may be eligible to drive using the Restricted Use or Conditional License if you meet the conditions and then become eligible to reinstate your license later on, if you meet the reinstatement requirements.
• Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

2nd Offense (within 10 years)

• License revocation for at least 1 year.
• A $1,000 to $5,000 fine.
• A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
• Up to 4 years in jail, with a minimum of 5 days in jail or 30 days of community service.
• A Class E felony.
• You may be eligible to drive using the Restricted Use or Conditional License if you meet the conditions and then become eligible to reinstate your license later on, if you meet the reinstatement requirements.
• Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

3rd Offense (within 10 years)

• Is treated as a Class D Felony.
• Imprisonment for up to 7 years and/or a $2,000 to $10,000 fine.
• Points will be added to your driving record.
• Your license will be revoked for 1 year.
• You may be eligible to drive using the Restricted Use or Conditional License if you meet the conditions and then become eligible to reinstate your license later on, if you meet the reinstatement requirements.
• You may have to undertake community service for 60 days.

DWAI/Combination means you were driving under the influence of both alcohol and drugs.

1st Offense

• Is treated as a Misdemeanor.
• License revocation for at least 6 months.
• A $500 to $1,000 fine.
• A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
• Up to 1 year in jail.
• Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

2nd Offense (within 10 years)

• Is treated as a Class E Felony.
• License revocation for at least 1 year (18 months).
• A $1,000 to $5,000 fine.
• A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
• Up to 4 years in jail.
• Class E Felony.
• Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

3rd Offense (within 10 years)

• Is treated as a Class D Felony.
• Imprisonment up to 7 years and/or $2,000 to $10,000 fine.
• Your license will be revoked for 1 year to 18 months.

If you have a BAC of 0.18% or higher, you’ll get an Aggravated DWI or A-DWI.

1st Offense

• Is treated as a Misdemeanor
• License revocation for at least 1 year.
• A $1,000 to $2,500 fine.
• A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
• Up to 1 year in jail.
• Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

2nd Offense (within 10 years)

• Is treated as a Class E Felony.
• License revocation for at least 18 months.
• A $1,000 to $5,000 fine.
• A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
• Up to 4 years in jail.
• A Class E Felony.
• Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

3rd Offense (within 10 years)

• Is treated as a Class D Felony
• Imprisonment for up to 7 years and/or $2,000 to $10,000 fine.
• Your license will be revoked for minimum 18 months.

Points will be added to your driving record and your license suspended or revoked, if you are convicted for “minor in possession/other alcohol offenses” – trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02% while driving.

1st Offense

• Suspended license for 6 months.
• $125 civil penalty.
• $100 fee for suspension termination.
• Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).
• Possible ignition interlock device installation, and all associated costs (see below).

2nd Offense

For a subsequent conviction for any alcohol or drug-related offense (including possession and use) while driving; or a second offense of possessing or using alcohol by some one under 18 (youthful offender); or for changing or lying on your driver license.

• License revocation for 1 year (or until you turn 21 years old).
• $125 civil penalty.
• $100 fee for suspension termination.
• Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).
• Possible ignition interlock device installation, and all associated costs (see below).
• Aside from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

Please see “Chemical Test Refusal” below to find out how NY handles drivers younger than 21 years old who refuse the chemical test.

NOTE: In addition to the fines and other penalties listed above, anyone convicted of refusing a chemical test must also pay a minimum $250 annual assessment fine, for a total of $750 in fines over 3 years as part of the state’s Driver Responsibility Program.

If you are over 21 years old:

1st Offense

• License revocation for at least 1 year (18 months for commercial drivers).
• $500 civil penalty ($550 civil penalty for commercial drivers). You must pay this before you can reapply for your license.

2nd Offense

Refusing a chemical test within 5 years of a previous chemical test refusal or another DWI-related charge constitutes a second offense and carries the following penalties:

• $750 civil penalty.
• License revocation for at least 18 months (permanent CDL revocation).

If you are under 21 years old:

If you violate the Zero Tolerance Law by refusing a chemical test, you face the following consequences:

1st offense:

• $500 civil penalty.
• $100 to reapply for your license.
• License revocation for at least 1 year or until 21st birthday whichever is more.

2nd offense:

• $750 civil penalty.
• $100 fee to reapply for your license.
• License revocation for at least 1 year.

NOTE: These penalties also apply to subsequent offenses.

CHEMICAL TEST REFUSAL PENALTIES

NOTE: In addition to the fines and other penalties listed above, anyone convicted of refusing a chemical test must also pay a minimum $250 annual assessment fine, for a total of $750 in fines over 3 years as part of the state’s Driver Responsibility Program.

If you are over 21 years old:

1st Offense

• License revocation for at least 1 year (18 months for commercial drivers).
• $500 civil penalty ($550 civil penalty for commercial drivers). You must pay this before you can reapply for your license.

2nd Offense

Refusing a chemical test within 5 years of a previous chemical test refusal or another DWI-related charge constitutes a second offense and carries the following penalties:

• $750 civil penalty.
• License revocation for at least 18 months (permanent CDL revocation).

If you are under 21 years old:

If you violate the Zero Tolerance Law by refusing a chemical test, you face the following consequences:

1st offense:

• $500 civil penalty.
• $100 to reapply for your license.
• License revocation for at least 1 year or until 21st birthday whichever is more.

2nd offense:

• $750 civil penalty.
• $100 fee to reapply for your license.
• License revocation for at least 1 year.

NOTE: These penalties also apply to subsequent offenses.

• Besides all other penalties and fines, you will have to pay the DMV $250 per year for 3 years as Driver responsibility assessment. Misdemeanors carry an additional $160 surcharge and Felonies an additional $270 surcharge.
• If you are under 21, your license may be suspended or you will lose your privilege to apply for a license if you illegally buy alcohol by providing non-driver ID card or license as age proof.
• It is against the law to for passenger and driver to carry an alcoholic beverage on a public road, street or highway. If convicted for the first time it may result in imprisonment for up to 15 days and/or up to $150 fine, 2 points added to your record, compulsory surcharge, and crime victim assistance fee. Subsequent offense in 18 months will carry higher punishments.
• If your offense leads to death or grave injury to another person it may be treated as assault or vehicular manslaughter and may result in imprisonment for 7 years and/or up to $5,000 fine.
• If you are convicted for three or more times in drug or alcohol related offenses or refuse three or more times your license may be permanently revoked. A request for waiver can be made only after 5 years.
• For names of acceptable DDP providers call (800) 482-9564.

• Points will be added to your driving record and you will be barred from driving a commercial vehicle minimum one year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours if any level of BAC below 0.04% is detected.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time. You may receive a waiver after 10 years.
• If you refuse to submit to a test your CDL will be lost for minimum 1 year.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

New York laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• The driver is age 21 and above and is driving with BAC 0.08% or more.
• The driver is age 21 and under and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your New York driver license, file an AIR (Alcohol Influence Report), complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Motor Vehicle Traffic Violations Bureau (TVB) or the Division of Motor Vehicles. The driver can schedule an administrative hearing after notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 5-year and 10-year driving record. If the driver has any alcohol related convictions or suspensions (for the five-year and ten-year period), their license will be revoked or suspended. You may be eligible to drive using the Restricted Use or Conditional License if you meet the conditions. The suspension or revocation begins on the effective date on final court order. If the administrative hearing goes against the driver, he can ask for a review from the circuit court. He will, however, have to serve the suspension/revocation until the circuit court or TVB reaches a verdict. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.

All DWI offenses can leave you with a suspended license―but some drivers are eligible for temporary driving permits, called conditional licenses, which sometimes require IIDs. Typically, you can get a conditional license if:

• This is your first DWI or DWAI conviction.
• You enroll in the Drinking Driver Program.

While the DMV determines whether you’re eligible for a conditional license, your judge can stop you from applying for one.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the DMV Driver Improvement Adjudication Unit (DIAU), once the period of suspension or revocation is over. Reinstating a license after a suspension or revocation may also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the Drinking Driver Program (DDP) of the New York State or a comparable program, pay the $25 suspension termination fee, $50 reapplication fee and other license fees if any, and maintain proof of financial responsibility for appropriate period from the date of suspension/revocation by filing SR-22.
• If you are being convicted for a second time or for A-DWI offense, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive for probation or revocation period.
• You can submit the reinstatement application (Form MV-44) and fees in person at a DMV office near you. You can also send the reinstatement package along with check or money order pay to the order of the “Commissioner of Motor Vehicles” by mail to:

Driver Improvement Adjudication Unit

Department of Motor Vehicles

6 Empire State Plaza

Albany, NY 12228

Your judge might order you to use an ignition interlock device (IID) as part of a probation and maybe to make you eligible for a conditional license.

Generally, NY requires drivers to purchase and install their own IIDs. Drivers also are responsible for any costs related to the monthly fee, switching the IID to another vehicle, and uninstalling the IID.

NY’s Division of Criminal Justice Services (DCJS) handles all the nuts and bolts. For more information, visit the Division’s Ignition Interlock section or contact the DCJS at (518) 457-5837 or (800) 262-3257.

New York’s Drinking Driver Program (DDP) is the state’s DWI program. It’s a DWI-specific traffic school that consists of weekly classroom sessions and the following enrollment fees:

• $75 fee, made payable to the Department of Motor Vehicles.
• Up to $225 in additional fees, made payable to the DDP program you attend and due on the first day of class.

Certain situations, such as switching to another DWI school or dropping out and re-entering the program, lead to additional costs.

Your judge and the DMV provide DDP information specific to your case. This is information you’ll find out in court, and having a DWI attorney on your side is beneficial.