Offense:

DWAI – 1st Alcohol or Drug Related Driving Conviction

Result:

  • Traffic infraction, not a crime.
  • Jail: between 0 days and 15 days.
  • Fine: between $300 and $500.
  • Suspension of driver’s license: 90 days, except for i) drivers under 21 years old and ii) drivers who possess commercial driver’s licenses.
  • Surcharge: $255.
  • Driver Responsibility Assessment: $250/year for 3 years.
  • Victim Impact Panel attendance.
  • Conditional License: eligibility likely.

Offense:

DWAI – 2nd Alcohol or Drug Related Driving Conviction Within 5 Years

Result:

  • Traffic infraction, not a crime.
  • Jail: between 0 days and 30 days.
  • Fine: between $500 and $750.
  • Revocation of driver’s license: at least 6 months.
  • Proof of alcohol rehabilitation required to obtain new license.
  • Revocation of registration (at judge’s discretion): at least 6 months.
  • Surcharge: $255.
  • Driver Responsibility Assessment: $250/year for 3 years.
  • Victim Impact Panel attendance.
  • Conditional License: not eligible.

Offense:

DWAI – 3rd Alcohol or Drug Related Driving Conviction < 10 Years

Result:

  • Misdemeanor.
  • Jail: between 0 days and 180 days.
  • Probation: 3 years.
  • Fine: between $750 and $1,500.
  • Revocation of driver’s license: at least 18 months.
  • Proof of alcohol evaluation and/or rehabilitation required to obtain new license.
  • Revocation of registration (at judge’s discretion): at least 6 months.
  • Surcharge: $395.
  • Driver Responsibility Assessment: $250/year for 3 years.
  • Victim Impact Panel attendance.
  • Conditional License: not eligible.

Offense:

DUI – 1st Alcohol or Drug Related Driving Conviction (Other Than DWAI)

Result:

  • Misdemeanor.
  • Jail: between 0 days and 1 year.
  • Probation: 3 years.
  • Fine: between $500 and $1,000.
  • Revocation of driver’s license: at least 6 months.
  • Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
  • Revocation of registration (at judge’s discretion): at least 6 months.
  • Surcharge: $395.
  • Driver Responsibility Assessment: $250/year for 3 years.
  • Victim Impact Panel attendance.
  • Conditional License: possibly eligible.

Offense:

DUI – 2nd Alcohol or Drug Related Driving Conviction (Other than DWAI & < 10 Years)

Result:

  • Misdemeanor.  (Where District Attorney Agrees to Misdemeanor Plea Rather than Felony Plea)
  • Jail: i) between 5 days (or 30 days community service) and 1 year if predicate conviction within 5 years of arrest on current charge; otherwise ii) between 0 days and 1 year.
  • Probation: 3 years.
  • Fine: between $500 and $1,000.
  • Revocation of driver’s license: at least 1 year.
  • Proof of alcohol evaluation and/or rehabilitation required to obtain new license.
  • Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
  • Revocation of registration (at judge’s discretion): at least 1 year.
  • Surcharge: $395.
  • Driver Responsibility Assessment: $250/year for 3 years.
  • Victim Impact Panel attendance.
  • Alcohol or Substance Abuse Assessment: required if predicate conviction occurred within 5 years of arrest on current charge.
  • Conditional License: possibly eligible if predicate conviction occurred more than 5 years before arrest on current charge.

Offense:

Aggravated DUI – 1st Alcohol or Drug Related Driving Conviction (Other Than DWAI)

Result:

  • Misdemeanor.
  • Jail: between 0 days and 1 year.
  • Probation: 3 years.
  • Fine: between $1,000 and $2,500.
  • Revocation of driver’s license: at least 1 year.
  • Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
  • Revocation of registration (at judge’s discretion): at least 1 year.
  • Surcharge: $395.
  • Driver Responsibility Assessment: $250/year for 3 years.
  • Victim Impact Panel attendance.
  • Conditional License: possibly eligible.

Offense:

Aggravated DUI – 2nd Alcohol or Drug Related Driving Conviction (Other Than DWAI & <10 years)

Result:

  • Misdemeanor.  (Where District Attorney Agrees to Misdemeanor Plea Rather than Felony Plea)
  • Jail: between 0 days and 1 year.
  • Probation: 3 years.
  • Fine: between $1,000 and $2,500.
  • Revocation of driver’s license: at least 18 months.
  • Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
  • Revocation of registration (at judge’s discretion): at least 18 months.
  • Surcharge: $395.
  • Driver Responsibility Assessment: $250/year for 3 years.
  • Victim Impact Panel attendance.

Offense:

DWAI by Drugs – 1st Alcohol or Drug Related Driving Conviction (Other Than DWAI)

Result:

  • Misdemeanor.
  • Jail: between 0 days and 1 year.
  • Probation: 3 years.
  • Fine: between $500 and $1,000.
  • Revocation of driver’s license: at least 6 months.
  • Revocation of registration (at judge’s discretion): at least 6 months.
  • Surcharge: $395.
  • Driver Responsibility Assessment: $250/year for 3 years.
  • Victim Impact Panel attendance.
  • Conditional License: not eligible.
  • Restricted Use License: possibly eligible.

Offense:

DWAI by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs – 1st Alcohol or Drug Related Driving Conviction (Other Than DWAI)

Result:

  • Misdemeanor.
  • Jail: between 0 days and 1 year.
  • Probation: 3 years.
  • Fine: between $500 and $1,000.
  • Revocation of driver’s license: at least 6 months.
  • Revocation of registration (at judge’s discretion): at least 6 months.
  • Surcharge: $395.
  • Driver Responsibility Assessment: $250/year for 3 years.
  • Victim Impact Panel attendance.
  • Conditional License: possibly eligible.

Offense:

Class E Felony DUI, Class E Felony Aggravated DUI, Class E Felony DWAI by Drugs, or Class E Felony DWAI by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs

Result:

  • Class E Felony.
  • Jail: i) between 5 days (or 30 days community service) and 4 years if predicate conviction occurred within 5 years of arrest on current charge; otherwise ii) between 0 days and 4 years.
  • Probation: 5 years, which can include prohibition from driving throughout entire term of probation.
  • Fine: between $1,000 and $5,000.
  • Revocation of driver’s license: at least 1 year.
  • Proof of alcohol evaluation and/or rehabilitation required to obtain new license.
  • Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
  • Revocation of registration (at judge’s discretion): at least 1 year.
  • Surcharge: $520.
  • Driver Responsibility Assessment: $250/year for 3 years.
  • Victim Impact Panel attendance.
  • Alcohol or Substance Abuse Assessment: required if predicate conviction occurred within 5 years of arrest on current charge.
  • Conditional License: possibly eligible if predicate conviction occurred more than 5 years prior to arrest on current charge.

Offense:

Class D Felony DUI, Class D Felony Aggravated DUI, Class D Felony DWAI by Drugs, or Class D Felony DWAI by the Combined Influence of Drugs or of Alcohol and Any Drug or Drugs

Result:

  • Class D Felony.
  • Jail: i) between 10 days (or 60 days community service) and 7 years if predicate conviction occurred within 5 years of arrest on current charge; otherwise ii) between 0 days and 7 years.
  • Probation: 5 years, which can include prohibition from driving throughout entire term of probation.
  • Fine: between $2,000 and $10,000.
  • Revocation of driver’s license: at least 18 months.
  • Proof of alcohol rehabilitation required to obtain new license.
  • Ignition interlock device in each owned or operated motor vehicle: at least 6 months.
  • Revocation of registration (at judge’s discretion): at least 1 year.
  • Surcharge: $520.
  • Driver Responsibility Assessment: $250/year for 3 years.
  • Victim Impact Panel attendance.
  • Alcohol or Substance Abuse Assessment: required if predicate conviction occurred within 5 years of arrest on current charge.

Bruce Yerman is a New York City criminal defense lawyer.  Contact him at 646-360-0290 for a Free Consultation about DUI / DWI.

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