The ramifications of DWI charges and the associated penalties on Long Island can vary depending on the unique circumstances of each case. If you find yourself arrested for driving under the influence, it is crucial to understand the specific charge you may face. Before making any decisions or entering into any plea agreements, it is advisable to consult with an experienced Long Island DWI lawyer to ensure the protection of your rights.
PENALTIES FOR ALCOHOL-RELATED IMPAIRED DRIVING (DWAI)
A person can be charged with Driving While Ability Impaired by alcohol (DWAI) if they operate a motor vehicle while their ability to do so is impaired, to any degree, due to alcohol consumption. According to the law, a person can be found guilty of DWAI if they drive a motor vehicle on a public highway after consuming alcohol and their ability to operate the vehicle, as a reasonable and cautious driver, is impaired to any extent. For a first offense of Alcohol-DWAI, it is classified as a traffic infraction rather than a criminal offense. In contrast, a first-time conviction for DWI, Drugs-DWAI, or Combination-DWAI is considered a misdemeanor crime.
FIRST OFFENSE OF DWAI
The penalties for a first offense of DWAI include a mandatory fine ranging from $300 to $500, a maximum jail term of 15 days, and a mandatory driver's license suspension for 90 days. The specific administrative fees will vary depending on the location of the offense. Individuals participating in a drug and alcohol rehabilitation program may be eligible for a conditional license during the suspension period. Additional penalties for a first offense may involve alcohol/drug screening, evaluation, and rehabilitation, attendance at a victim impact program, and payment of a yearly driver responsibility assessment of $250 for a duration of 3 years.
SECOND OFFENSE OF DWAI
A second offense of DWAI following a prior DWI- or DWAI-related conviction carries more severe penalties. These include a mandatory fine ranging from $500 to $1,000, a maximum jail term of 30 days, and a mandatory driver's license suspension for 6 months. Like the first offense, administrative fees will vary depending on the location. In some cases, a judge may allow 30 days of community service as an alternative to jail time. Conditional licenses may be granted to individuals attending a drug and alcohol rehabilitation program, except for those with a prior impaired driving offense in the past 5 years. Defendants with a DWI or DWAI offense in the last 5 years or a previous license revocation for refusing a chemical test may face an additional license revocation of 1.5 years on top of the suspension. To be eligible for a new driver's license, defendants must undergo alcohol/drug screening, evaluation, rehabilitation, attend a victim impact program, and pay a yearly driver responsibility assessment of $250 for 3 years.
THIRD AND SUBSEQUENT OFFENSES
For a third offense of DWAI, the penalties become even more severe. A mandatory fine ranging from $750 to $1,500, a maximum jail term of 180 days, and a mandatory driver's license suspension for 6 months are imposed. As with the second offense, administrative fees will vary by location. Conditional licenses may be granted to individuals who have not had a DWI or DWAI offense in the past 5 years and have not refused a chemical test. Attendance at a drug and alcohol rehabilitation program is required to qualify for a conditional license during the suspension period. Defendants with a DWI or DWAI offense in the last 5 years or a prior license revocation for refusing a chemical test may face an additional license.
DRIVING WHILE INTOXICATED (DWI), DRUG-DWAI, AND COMBINATION-DWAI
According to New York's laws, a person is considered to be driving while intoxicated (DWI) if:
·Their blood alcohol concentration (BAC) is .08% or higher (or .04% and higher for commercial drivers, or .02% and higher for individuals under 21 years old). ·They operate a vehicle while impaired, meaning their physical and mental abilities are significantly impaired, preventing them from driving with reason and prudence.
A person is guilty of a Drug-DWAI offense if they operate a vehicle and:
·They test positive for the presence of a controlled substance. ·The drugs impair their ability to drive.
A person is guilty of a Combination-DWAI offense if:
·They test positive for both alcohol and a controlled substance, or a combination of controlled substances. ·The drugs or combination of drugs and alcohol impair their ability to drive. For a first offense, if a defendant's BAC is .08% or higher, their license will be suspended during the criminal prosecution. Refusing to take a chemical test also leads to license suspension. If the refusal is confirmed in a DMV hearing, the license will be revoked for a year, and a $500 civil penalty must be paid. Unlike a first offense Alcohol-DWAI, which is considered a traffic infraction, a first-offense DWI conviction is a misdemeanor crime.
The penalties for a first offense DWI conviction include:
·A fine ranging from $500 to $1,000 and/or a 1-year jail sentence. ·Mandatory driver's license action: Revocation for 6 months, with a possibility of obtaining a conditional license. ·Administrative fees depending on the location of the offense. ·Installation and maintenance of an Ignition Interlock Device (IID) at the defendant's own expense during probation and conditional discharge, which lasts for a minimum of six months to a year.
Additional penalties for a first offense DWI conviction may include:
·Alcohol/drug screening, evaluation, and rehabilitation. ·Attendance at a victim impact program. ·Payment of a yearly driver responsibility assessment of $250 for 3 years.
For a second offense, if a defendant's BAC is .08% or higher, their license will be suspended during the criminal prosecution. Refusing a chemical test also results in license suspension. If the refusal is deemed unlawful in a DMV hearing, the license will be revoked for a year, and an additional $750 civil penalty must be paid. A second DWI conviction within ten years is considered a Class E felony. Additional penalties for a second offense DWI conviction may include:
·A fine ranging from $1,000 to $5,000 and/or a 1- to 4-year jail sentence. ·Mandatory driver's license action: Revocation for one year, with a possibility of obtaining a conditional license if the second offense occurred more than 5 years after the first conviction.
·Administrative fees depending on the location of the offense. ·Installation and maintenance of an Ignition Interlock Device (IID) at the defendant's own expense during probation and conditional discharge, which extends for the duration of the license revocation period and potentially longer at the judge's discretion.
Additional penalties for a second offense DWI conviction may include:
·Alcohol/drug screening, evaluation, and rehabilitation. ·Attendance at a victim impact program. ·Payment of a yearly driver responsibility assessment of $250 for 3 years.