A DWI or DUI charge comes from a violation of operating a motor vehicle while under the influence of alcohol, or in some cases drugs. The criminal defense attorneys at Tully Rinckey PLLC are experienced in handling misdemeanor and felony DWI and DUI charges.
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.
Our team of experienced criminal defense attorneys have years of experience defending the rights of clients who face charges of drunk driving or driving under the influence of drugs. We regularly work with prosecutors, the courts, and the police to help clients reach the best possible resolution for their charges.
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.
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:
Driving While Intoxicated is not a crime taken lightly in New York State.
Penalties for such alcohol and drug-related violations can include:
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.
The possible penalties are listed below. Note that where the chart indicates mandatory driver license action, many of the actions are mandatory minimums.
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). |