At Tully Rinckey, we understand that experience is very important in DWI and DUI defense. Our criminal defense team has the experience that you need to fight aggressively on your behalf.  Our defense team includes:

  • Former Judges
  • Former DWI Prosecutors
  • Former District Attorneys
  • Former Federal Prosecutors for the United States Attorney’s Office

Our criminal defense attorneys have a multitude of experience on both sides of a criminal procedure and bring that knowledge and strategy to every case the firm takes on. Each client is given personal and individual attention to ensure that we are providing the best and most professional service possible.

The trial-tested attorneys at Tully Rinckey protect your legal rights and fight aggressively to defend you from DWI or DUI charges. Working tirelessly from discovery through appeal, we help you realize a fair outcome of your case. Let us defend you today.

Alcohol and Drug Violations and Penalties

The criminal defense attorneys at Tully Rinckey PLLC are experienced in dealing with DWI and DWAI cases.

Violations

In New York State, there are seven basic alcohol and/or drug-related violations with which a driver can be charged. The possible violations are as follows:

  1. DWI: Driving While Intoxicated; .08 BAC or higher, or other evidence of intoxication.
  2. Aggravated DWI: Aggravated Driving While Intoxicated; .18 BAC or higher.
  3. DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
  4. DWAI/Drug: Driving While Ability Impaired by a drug other than alcohol
  5. DWAI/Combination: Driving While Ability Impaired by the combined influence of drugs and alcohol
  6. Chemical Test Refusal: Refusing to take a chemical test, normally a test of breath, blood or urine.
  7. Zero Tolerance Law: A driver who is less than 21 years old and who drives with a .02 BAC to .07 BAC

Possible Penalties

Driving While Intoxicated is not a crime taken lightly in New York State.
Penalties for such alcohol and drug-related violations can include:

  • License suspensions/revocations
  • Fines
  • Possible jail terms
  • Higher insurance premiums
  • Mandatory attendance at Victim Impact Panel
  • Mandatory enrollment in Drinking Driver Program

Surcharges

In addition to the penalties listed above, surcharges are added to violations. In most instances, these surcharges cannot be waived and will be due on top of the fine you are assessed for your violation.

Multiple Offenses

Committing multiple alcohol and/or drug-related violations within a 10-year period can mean more severe penalties. Three or more convictions within the 10-year period can result in permanent revocation of your license.  Should your license be permanently revoked, you will have the opportunity to request a waiver no sooner than 5 years from the revocation.

New York State DWI/DWAI List of Penalties

The possible penalties are listed below. Note that where the chart indicates mandatory driver license action, many of the actions are mandatory minimums.

Penalties for Alcohol-related and Drug-related Violations

Violation (1)

Mandatory Fine (2)

Maximum Jail Term

Mandatory Driver License Action

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) $1,000 – $5,000 4 years Revoked for at least 18-months
Third A-DWI in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least 18-months
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) $1,000 – $5,000 4 years Revoked for at least one year
Third DWI/DWAI-Drug violation in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least one year
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) $1,000 – $5,000 4 years Revoked for at least one year/18 months
Third DWAI/Combination in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least one year/18 months
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 – (Out-of State) 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).

Information provided by the New York State Department of Motor Vehicles website

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