What are the alcohol and drug-related violations in New York
State?

BAC = blood alcohol concentration

*  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 single Drug other than alcohol.

*  DWAI/Combination:  Driving While Ability Impaired by a the Combined
Influence or Drugs or Alcohol.

* Chemical Test Refusal:  A driver who refuses to take a chemical test (normally
a test of breath, blood or urine) can receive a driver license revocation of at least
one year (18 months for a commercial driver) and must pay a $500 civil penalty
($550 for a driver of commercial vehicles) to apply for a new driver license. A
driver who refuses a chemical test during the five years after a DWI-related charge
or previous refusal will have their driver license revoked for at least 18 months
(permanent for a commercial driver) and must pay a $750 civil penalty to apply for
a new driver license. If the driver is under age 21, and refuses a chemical test
during the five years after a DWI-related charge or previous refusal, they will have
their driver license revoked for at least one year or until age 21, whichever is
longer and must pay a $750 civil penalty to apply for a new driver license.

* Zero Tolerance Law: A driver who is less than 21 years of age and who drives
with a .02 BAC to .07 BAC violates the Zero Tolerance Law

Penalties for Alcohol-related and Drug-related Violations




































































1. Greater penalties can also apply for multiple alcohol or drug violations
within a 10-year period.
2. Surcharges are added to misdemeanors ($160) and felonies ($270).
3. The driver license penalties for drivers under the age of 21, and for
drivers of commercial motor vehicles and other professional drivers, are
different.
4. Three or more alcohol or drug-related convictions or refusals within 10
years can result in permanent revocation, with a waiver request permitted
after at least 5 years.
5. A driver with an Aggravated DWI violation conviction within the prior 10
years will receive a minimum 18-month revocation if convicted of DWI,
DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI,
Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10
years will receive a minimum 18-month revocation.

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.

The law mandates participation in the DDP, even if the driver is not
eligible for a conditional license, for convictions of specific alcohol or
drug-related violations, or in specific plea-bargaining situations.
LAW OFFICES OF
FRANCIS X. CASALE, JR.
KNOWLEDGE.
ACCESSIBILITY. EXPERIENCE.
DWI / DWAI
A Full Service
Firm Specializing
in Civil and
Criminal
Litigation.
VIOLATION
 Mandatory
Fine (2)
 Maximun
Jail Term
 Mandatory Driver License
Action (3)
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)
 $1000-
$5000
 4 years
 Revoked for at least 18 months (5)
Third A-DWI in 10 years (D
felony) (1)
 $2000-
$10,000
 7 years
 Revoked for at least 18 months (5)
       
Driving While Intoxicated
(DWI) or Driving While
Impaired by a Drug
(DWAI-Drug)
 $500-
$1000
 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)
 $1000-
$5000
 4 years
 Revoked for at least one year
Third DWI/DWAI-Drug
violation in 10 years (D
felony) (1)
 $2,000-
$10,000
 7 years
 Revoked for at least one year(4)
       
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)
 $1,000-
$5,000
 4 years
 Revoked for at one year/18 months (5)
Third DWAI/Combination in
10 years (D Felony) (1)
 $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 ans
$100
re-applicatio
n 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-tear
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-applicatio
n fee
 None
 Revoked for at least one year.
Chemical Test Refusal- Second
or subsequent Zero Tolerance
Law
 $750 civil
penalty and
$50
re-applicatio
n fee
 None
 Revoked for at least one year
       
Driving Under the Infkuence -
(Out of State)  
 N/A
 N/A
 Suspended for 6 month. If less than 21
years of age, revoked at least one year.
Driving Under the Infkuence -
(Out of State)  
 N/A
 N/A
 Suspended for 6 month. If less than 21
years of age, revoked at least one year or
until age 21 (longest term)
       
Contact
Information

Email :
fxc@fxcesq.com
Phone :
(631) 293-3332
Address :
115 Broad
Hollow Road
Suite 350
Melville
New York
11747
       During the past 25 years the penalties associated with a
violation of VTL 1192 have constantly evolved through the passage
of  increasingly stringent legislation and the imposition of severe
guidelines by the Department of Motor Vehicles.  The arrest and
prosecution for a charge stemming from driving under the influence
is certainly a serious matter.  The information below illustrates the
fact that if you are charged with driving under the influence the
fines and penalties, attendant with a conviction, are severe.  
Contact this office for a free consultation if you have any questions.