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Penalties Of DWI And Other Offenses

OFFENSE PENALTIES
FINES MAXIMUM JAIL LICENSE CONSEQUENCES
DRIVING WHILE ABILTY IMPAIRED- DWAI
( VTL 1192.1)
1ST OFFENSE-
TRAFFIC INFRACTION
$300- $500 15 DAYS 90 DAY SUSPENSION
2ND ALCOHOL RELATED OFFENSE WITHIN 5 YEARS-
TRAFFIC INFRACTION
$500-$750 30 DAYS 6 MONTH REVOCATION
3RD ALCOHOL RELATED OFFENSE WITHIN 10 YEARS-
MISDEMEANOR
$750- $1,500 180 DAYS 6 MONTH REVOCATION-CAN BE UP TO 18 MONTHS (PER DMV)
DRIVING WHILE INTOXICATED- DWI
(VTL 1192.3, 1192.3)
& DRIVING WHILE ABILITY IMPAIRED BY DRUGS- DWAID
(VTL 1192.4) MISDEMEANOR CRIME
1ST OFFENSE- MISDEMEANOR $500-$1000 1 YEAR 6 MONTH REVOCATION
2ND OFFENSE WITHIN 10 YEARS-
E FELONY CRIME
$1,000 -$5,000 4 YEARS UPSTATE PRISON 1 YEAR REVOCATION
3ND OFFENSE WITHIN 10 YEARS-
D FELONY CRIME
$2,000-$10,000 7 YEARS UPSTATE PRISON 1 YEAR REVOCATION

There is no mandatory jail sentence for DWI convictions.

*Motorists under 21 years of age or CDL licensed operators may face longer terms of revocation.

Additional DWI Penalties

Probation

Probation is an alternative to incarceration that permits offenders to live and work in the
community, support their families, receive rehabilitative services and make restitution to the victims of their crimes. Probationers are required to pay a monthly fee of up to $40 per month.

A judge may sentence you to probation (3 years for a misdemeanor, 5 years for a felony) and may set specific conditions while on probation.

Ignition Interlock Device

This is a device that requires a vehicle operator to blow into a small handheld alcohol sensor unit that is attached to a vehicle's dashboard. The car cannot be started if the driver’s BAC (Blood Alcohol Level) is above a preset level.

You may be required to install this device on any and all vehicles in your home. The condition generally requires you to pay for the installation of the device.

Vehicle Forfeiture

If the charges originate as misdemeanors, the County Attorney may file an action, within 120 days of your arrest, to seize your leased or owned vehicle. This occurs in all cases that result in a plea to VTL Section 1180 (speeding) off any VTL 1192 count, or plea to or are found guilty of VTL 1192.1, 1192.2, or 1192.3).

This is a civil proceeding and separate and apart from the criminal case. Since the civil case is determined by the outcome of the criminal case it is important to notify your attorney when you receive any notice from the County Attorney’s Office. Our attorneys have extensive experience in handling these civil forfeiture matters. You should call us immediately upon receiving these documents and discuss your options. These cases can be successfully defended and you do not have to lose your car.

If the charge is a felony, the District Attorney may require you to forfeit your vehicle as a condition of any plea.

If you or a loved one is in need of legal assistance, call DerGarabedian, Nathan, Marino & Rodriguez at (516) 766-1619 or schedule a consultation and review. The initial consultation is free of charge.

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