New York City DWI Lawyers

  1. Aaron Wallenstein:

    Penalties for Alcohol-related and Drug-related Violations

    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, one-year or until age 21 for drivers under age 21, 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 - 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).

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