New York Alcohol Related and Drug Related Violations
DWI: Driving While Intoxicated DWAI: Driving While Ability Impaired DWAI/Drugs: Driving While Ability Impaired by a drug that is not alcohol
If you are arrested for any of these alcohol or drug related offenses in New York then you have two (2) cases.
1st Case:
The revocation of your New York Drivers License. Refusing or failing to take a breath test in the state of New York will result in the automatic suspension of your driving privileges for at least six months.
2nd Case:
The criminal action that will be taken against you for your New York DWI/DWAI/Drugs arrest. The fines range from $125-$10,000 and you could also face jail time from 1-7 years. This is why it is very important to hire a qualified New York DWI attorney to get the best results for your case.
New York Penalties for Alcohol and Drug Related Violations
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-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).
Surcharges are added to misdemeanors ($160) and felonies ($270).
The New York driver license penalties for drivers under the age of 21 and for professional drivers are different.
www.DUIHotlineNetwork.com
Albany, New York 10002
Phone: (801) 990-5005 Fax: (801) 795-6368 DUIHotlineNetwork@gmail.com
The information on this site is not intended to be used as personal legal counsel, nor is to be used as a substitution for legal representation. We recommend that you consult a licensed attorney in order to address your litigation needs.
