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DUI/DWI Tickets

NYC Ticket Master can help you!

 

Driving after drinking any alcohol—even if you’re blood alcohol content (BAC) is below the so-called “legal limit”—can have serious consequences.  Depending on your BAC, you could be charged with Driving While Ability Impaired (DWAI), a traffic infraction, or Driving While Intoxicated (DWI), a criminal offense.  A knowledgeable attorney can help you fight these charges, and may be able to prevent you from having a criminal record.

 

Do not plead guilty to a DWI / DWAI.  A conviction could result in:

  • Civil or Criminal charges and fines

  • DMV fines

  • DMV surcharge of $260-$400

  • jail time

  • ignition interlock device (prevents you from starting  your car until you pass a breathalyzer)

  • increased car insurance premiums

  • license suspension or revocation

  • attending the Mother’s Against Drunk Driving victim impact panel

  • Treatment Assessment Screening Center (TASC) counseling

  • a DMV Drinking Driver Program

  • DWI probation

 

DRIVING WHILE INTOXICATED (DWI)

 

You may be charged for: 

  • .08 or higher BAC

  • BAC of less than .08, if there is other “evidence” of intoxication

  • Commercial drivers: .04 or higher BAC

  • Drivers under 21: .02 or higher BAC

DMV Penalties

            For a first offense, the DMV will fine you $500-$1000 and your license will be revoked for at least 6 months.  You could also spend up to 1 year in prison.  For a second offense within 10 years of the first (a class E felony), the fine will be $1000-$5000.  Your license can be revoked for at least one year, and you could be imprisoned for 4 years.  For a third offense within 10 years (a class D felony), the fine is $2000-$10,000.  Your license can be revoked for at least one year, but could also be permanently revoked.  Most importantly, you could spend 7 years in prison.

AGGRAVATED DRIVING WHILE INTOXICATED (AGG DWI)

 

You may be charged for having a BAC of .18 or higher.

DMV Penalties

            For a first offense, the DMV will fine you $1000-$2500 and your license will be revoked for at least one year.  You could also spend up to 1 year in prison.  For a second offense within 10 years of the first (a class E felony), the fine will be $1000-$5000.  Your license can be revoked for at least 18 months, and you could be imprisoned for 4 years.  For a third offense within 10 years (a class D felony), the fine is $2000-$10,000.  Your license can be revoked for at least 18 months, but could also be permanently revoked.  Most importantly, you could spend 7 years in prison.

DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL (DWAI/Alcohol)

 

You may be charged for: 

  • .05 -.07 BAC

  • other “evidence” of intoxication

DMV Penalties

            For a first offense, the DMV will fine you $300-$500 and your license will be suspended for 90 days.  You could also spend up to 15 days in prison.  For a second offense within 5 years of the first, the fine will be $500-$750.  Your license can be revoked for at least 6 months, and you could be imprisoned for 30 days.  For a third offense within 10 years (a misdemeanor offense), the fine is $750-$1500.  Your license can be revoked for at least six months, and you could spend 180 days in prison.

DRIVING WHILE ABILITY IMPAIRED BY SINGLE DRUG OTHER THAN ALCOHOL (DWAI/Drug)

DMV Penalties

            For a first offense, the DMV will fine you $500-$1000 and your license will be revoked for at least 6 months.  You could also spend up to 1 year in prison.  For a second offense within 10 years of the first (a class E felony), the fine will be $1000-$5000.  Your license can be revoked for at least one year, and you could be imprisoned for 4 years.  For a third offense within 10 years (a class D felony), the fine is $2000-$10,000.  Your license can be revoked for at least one year, but could also be permanently revoked.  Most importantly, you could spend 7 years in prison.

DRIVING WHILE ABILITY IMPAIRED BY A COMBINED INFLUENCE OF DRUGS OR ALCOHOL (DWAI/Combination)

DMV Penalties

            For a first offense, the DMV will fine you $500-$1000 and your license will be revoked for at least 6 months.  You could also spend up to 1 year in prison.  For a second offense within 10 years of the first (a class E felony), the fine will be $1000-$5000.  Your license can be revoked for at least one year, and you could be imprisoned for 4 years.  For a third offense within 10 years (a class D felony), the fine is $2000-$10,000.  Your license can be revoked for at least one year, but could also be permanently revoked.  Most importantly, you could spend 7 years in prison.

ZERO TOLERANCE LAW

            This law specifically affects drivers under the age of 21.  For a first offense, there is a civil penalty of $125, and your license will be suspended for 6 months.  Additionally, there is a $100 fee to terminate suspension.  A second offense will also result in a civil penalty of $125, but your license will be revoked for one year, or until age 21.  Again, there is a $100 fee to re-apply for a license.

CHEMICAL TEST REFUSAL

            If you refuse to allow law enforcement to test your BAC, whether by breath, blood, or urine, this is known as a “chemical test refusal.”  Refusal will result in a $500 civil penalty, and your license will be revoked for one year.  If you are a commercial driver, the civil penalty will be $550, and the revocation will last 18 months.  For a second offense within 5 years of a first offense, or within 5 years of any DWI-related charge, there is a $750 civil penalty.  Your license will be revoked for 18 months.  For drivers under 21, the revocation will last one year, or until age 21.  For commercial drivers, this offense results in permanent CDL revocation.

 

For more information, see:

http://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations

http://dmv.ny.gov/tickets/pay-driver-responsibility-assessment

http://dmv.ny.gov/tickets/about-drinking-driver-program

http://www.intox.com/drinkwheel.aspx

 

For N.Y. V.A.T. cited laws, click here.  

 

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