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Rockville Centre DWI Lawyers

  • Michael Arbeit: Operating a motor vehicle while intoxicated is a serious offense. You need experienced representation.
  • Former Defense Attorney: Contrary to what some people may think, there is no constitutional right to refuse a breath or chemical test to determine the level of alcohol in your body. You are deemed to consent just by the act of driving in New York State. If you've been stopped and arrested for drunk driving, you will be faced with the decision of whether to take such a test. On the one hand, refusing to take the test has its consequences: your license can be revoked or suspended merely for the refusal (even if you're perfectly sober); your refusal may be admissible as evidence of your guilt at a trial of the drunk driving charge; and some prosecutor's offices will not extend reduced plea offers on refusal cases. Accordingly, in New York, where there was no accident, no horrendous driving record, no prior drunk driving or other criminal record, and no evidence of wild or dangerous driving, it is usually most advisable to take the test.
  • Louis Milone:

    What Are The Penalties For Alcohol-Related or Drug-Related Violations?

    Usually, a first time offender will not serve a jail sentence. The possibility is still there, however, to be sentenced to a jail term of up to one year. More often than not, though, the sentence will be suspended by a judge and the offender will be sentenced to probation. If the terms of the probation are not met, the judge can revoke the probation and send the offender to jail.

    Obviously, penalties are much stiffer for a second or third conviction of a DWI or other related violation. For example, fines for a second offense can run up to $5,000 and carry with it a jail term of up to four years. A third offense can result in a $10,000 fine and up to 7 years in prison. In all cases, the driver's license will be revoked.

    Some conditions of probation include:

    1. Community Service
    2. Taking a DWI awareness class
    3. Report to your probation officer, most often, monthly
    4. Do not drink alcohol or consume other drugs
    5. Maintain a job
    6. Do not break any other laws

    Can I get a conditional license if I was convicted of DWI or DWAI?

    If you receive your first conviction for DWI or DWAI and you participate in the Drinking Driver Program (DDP), you can receive a conditional license. The DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP. To get complete information read the DMV brochure, The Drinking Driver Program.

    Driver Responsibility Assessment

    The Vehicle and Traffic Law has been amended to add in a "Driver Responsibility Assessment" forr all persons convicted of a violation of any subdivision of ss 1192 (DWI or DWAI) or any person found to have refused a chemical test in accordance with ss 1194, and any person who accumulates six points or more in an 18 month period. These assessments will be imposed by the commissioner.

    Penalties for Alcohol-related and Drug-related Violations

    Specific Violation

    Mandatory Fine (1)

    Maximum Jail Term

    Mandatory Driver License Action (2)

    Driving While Intoxicated (DWI)

    $500 - $1,000

    1 year

    Revoked for at least six months

    Second DWI violation in 10 years (E felony)

    $1,000 - $5,000

    4 years

    Revoked for at least one year

    Third DWI violation in 10 years (D felony)

    $2,000 - $10,000

    7 years

    Revoked for at least one year

    Driving While Ability Impaired (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

    $300 civil penalty ($350 for commercial drivers)

    None

    Revoked for at least six months.

    Chemical Test Refusal within five years of a previous DWI-related charge

    $750 civil penalty

    None

    Revoked for at least one year.

    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

    Revoked at least 90 days. If less than 21 years of age, revoked at least one year.

    Driving Under the Influence(Out-of State) with any previous alcohol or drug violation

    N/A

    N/A

    Revoked at least 90 days. If less than 21 years of age, revoked at least one year or until age 21 (longest term).

    Take notice that surcharges are added to misdemeanors ($160) and felonies ($270). In addition, the driver license penalties for drivers under the age of 21 and for professional drivers are different.
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