Alcohol and Drug Violations and Penalties
The criminal defense attorneys at Tully Rinckey PLLC are experienced in dealing with DWI and DWAI cases.
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:
- DWI: Driving While Intoxicated; .08 BAC or higher, or other evidence of intoxication.
- Aggravated DWI: Aggravated Driving While Intoxicated; .18 BAC or higher.
- DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
- DWAI/Drug: Driving While Ability Impaired by a drug other than alcohol
- DWAI/Combination: Driving While Ability Impaired by the combined influence of drugs and alcohol
- Chemical Test Refusal: Refusing to take a chemical test, normally a test of breath, blood or urine.
- Zero Tolerance Law: A driver who is less than 21 years old and who drives with a .02 BAC to .07 BAC
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
- Possible jail terms
- Higher insurance premiums
- Mandatory attendance at Victim Impact Panel
- Mandatory enrollment in Drinking Driver Program
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.
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.