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Alcohol and Drug Violations and Penalities
The criminal defense attorneys at Tully Rinckey PLLC are experienced in dealing with DWI and DWAI cases. We serve the Capital District area including Albany, Saratoga, Schenectady, and Troy.
Violations
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
Possible Penalties
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
- Fines
- Possible jail terms
- Higher insurance premiums
- Mandatory attendance at Victim Impact Panel
- Mandatory enrollment in Drinking Driver Program
Surcharges
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.
Multiple Offenses
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.
Penalties for Alcohol-related and Drug-related Violations
| 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). |
Information provided by the New York State Department of Motor Vehicles website
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