NYC DRUNK DRIVING LAWYER BLOG
NEW YORK DRUNK DRIVING PENALTIES AND FINES
First New York DWI Offense:
New York Criminal Status: Non-injury DWAIs are generally traffic infractions, non-injury DWIs are generally misdemeanors. DWAIs and DWIs that result in bodily injury may be elevated to felony status, depending upon on the circumstances.
Jail: DWAI: up to 15 days in jail. DWI: up to one year in jail. Actual time served will depend on the circumstances surrounding the DWI and the judge.
New York DWI Fines/Costs:
- DWAI: $300 - $500 plus possible penalty assessments.
- DWI: $500 - $1,000 plus possible penalty assessments.
- Zero Tolerance: $125 civil penalty, $100 suspension termination fee.
- Driver Responsibility Assessment: $250 – may need to be paid annually for 3 consecutive years ($750 total) on top of fines listed above.
New York License Suspension:
- DWAI: 90 day suspension
- DWI: Revoked for at least 6 months
Violation of Zero Tolerance Law: 6 months suspension
New York Conditional License: Possible after participating in New York’s Drinking Driver Program (DDP).
Vehicle Impound: Yes.
New York DWI School: Attendance at a Victim Impact Panel, Optional Drinking Driver Program (DDP).
New York Probation: Possible probation, usually report to a probation officer. Offenders are tracked through probation and treatment for re-licensing purposes.
New York Community Service: Community service may be possible as part of probation, but it depends on the court and the individual judge.
Second New York DWI Offense Plus:
New York Criminal Status: Non-injury DWAIs are generally traffic infractions, non-injury DWIs are generally misdemeanors. DWAIs and DWIs that result in bodily injury may be elevated to felony status, depending upon on the circumstances.
Jail: Minimum of 5 days (or community service as an alternative), maximum of 30 days.
New York DWI Fines/Costs:
- Second DWAI violation in five years: $500 - $750, plus fees and assessments.
- Second DWI violation in 10 years: $1,000 - $5,000, plus fees and assessments.
- Second violation of Zero Tolerance Law: $125 civil penalty and $100 reapplication fee.
New York License Suspension:
- Second DWAI in five years: 6 month revocation
- Second DWI: one year revocation
- Second Zero Tolerance Law violation: one year revocation or until 21
Vehicle Impound: Yes.
New York DWI School: Possible attendance Drinking Driver Program (DDP) Link: http://www.nydmv.state.ny.us/broch/c40.htm. Additionally, courts may require attendance at a “Victim Impact Program”
New York Probation: Yes. Depends on offense, court and judge. Offenders are tracked through probation and treatment for re-licensing purposes. Alcohol or drug treatment program may be prescribed by court as part of probation. Probation periods for misdemeanors are between one and three years.
New York Community Service: 5 days of community service generally required.
Other:
Commercial Vehicle:
Per se – level 1 (BAC of .04 - .07); fine of $300 - $500 (plus possible assessments); misdemeanor, maximum possible jail term of 15 days, 1 year CDL (commercial driver’s license)
Class A, B or C disqualification or 3 years if driving a vehicle that requires hazardous materials placards.
Per se – level 2 (BAC of .06 to .08, fine of $500 - $1,500 (plus possible assessments), misdemeanor, maximum possible jail term of 180 days, 1 year CDL disqualification / revocation. CDL operators under the age of 21 will be guilty of DWI with a BAC of .02 - .04.
Under Age: 21
New York DWI Insurance Consequences: How a DUI/DWI Affects Your Car Insurance.
New York Open Container Laws: Yes. Driver/passenger.
How long does a DWI stay on your record? A DWI in New York stays on your driving record for 10 years.
Driver Responsibility Tax: Yes. New York has a driver responsibility ‘assessment’ of $250 that may need to be paid annually for three consecutive years ($750 total) on top of fines.
Ignition interlock device program: To be repealed September 2007.
