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Call Our Law Offices to Help Reduce New York’s Severe Drunk Driving Penalties

In New York State, there are significant penalties for drunk driving.

AGGRAVATED DRIVING WHILE INTOXICATED
A-DWI (.18 and higher Blood Alcohol Content [BAC])
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Misdemeanor)
Minimum $1,000
Maximum $2,500
Up to 1 Year Minimum 1-year revocation
2nd Offense
Within 5 years
(Class E Felony)
Minimum $1,000
Maximum $5,000
Up to 4 Years; minimum 5 days jail or 30 days of community service Minimum 18-month revocation
3rd Offense or more
Within 10 years
(Class D Felony)
Minimum $2,000
Maximum $10,000
Up to 7 Years; minimum 10 days jail or 60 days of community service Minimum 18-month revocation**

DRIVING WHILE INTOXICATED
DWI (.08 and higher Blood Alcohol Content [BAC] or other evidence of intoxication)
or
DRIVING WHILE ABILITY IMPAIRED BY A DRUG
DWI-Drug

CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Misdemeanor)
Minimum $500
Maximum $1,000
Up to 1 Year Minimum 6-Month Revocation
2nd Offense
Within 10 years
(Class E Felony)
Minimum $1,000
Maximum $5,000
Up to 4 Years; minimum 5 days jail or 30 days of community service Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
3rd Offense or more
Within 5 years
(Class D Felony)
Minimum $2,000
Maximum $10,000
Up to 7 Years; minimum 10 days jail or 60 days of community service Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
2nd Offense
Within 10 years
(Class E Felony)
Minimum $1,000
Maximum $5,000
Up to 4 Years Minimum 1-Year Revocation
3rd Offense or more
Within 10 years
(Class D Felony)
Minimum $2,000
Maximum $10,000
Up to 7 Years Minimum 1-Year Revocation
DRIVING WHILE ABILITY IMPAIRED BY A COMBINATION OF ALCOHOL OR DRUGS
DWAI-Combination
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Misdemeanor)
Minimum $500
Maximum $1,000
Up to 1 Year Minimum 6-Month Revocation
2nd Offense
Within 5 years
(E Felony)
Minimum $1,000
Maximum $5,000
Up to 4 Years Minimum 1-Year Revocation
3rd Offense
Within 10 years
(D Felony)
Minimum $1,000
Maximum $5,000
Up to 7 Years Minimum 18-Month Revocation**
DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL
DWAI (more than .05 up to .07 Blood Alcohol Content [BAC])
CONVICTION FINE ONLY* JAIL SENTENCE LICENSE ACTION**
1st Offense
(Traffic Infraction)
Minimum $300
Maximum $500
Up to 15 Days 90-Day Suspension
2nd Offense
Within 5 years
(Traffic Infraction)
Minimum $500
Maximum $750
Up to 30 Days Minimum 6-Month Revocation
3rd Offense
Within 10 years
(Misdemeanor)
Minimum $750
Maximum $1,500
Up to 180 Days Minimum 1-Year Revocation
if current violation occurred within 5 years of previous violation**
ZERO TOLERANCE
Drivers Under 21 (DMV administrative finding of .02 to .07 Blood Alcohol Content [BAC])
CIVIL PENALTY LICENSE ACTION ADDED FEE
1st Offense Minimum $125 6-Month Suspension $100 Suspension Termination Fee
2nd Offense Minimum $125 1-Year Revocation or until age 21, whichever is longer $100 Re-Application Fee

* Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance fee.

** For license revocations, the Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test. Three or more alcohol or drug-related offenses with 10 years can result in a permanent revocation, with a waiver request permitted after at least five years.

Mandatory Screening - If you are charged with or convicted of certain alcohol-related offenses, the courts will order alcohol screening and/or alcohol evaluation, prior to sentencing.

If you find yourself in this unfortunate situation, call the law office of Martin A. Kron immediately. Call for help with all of your legal traffic problems.

 
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