Melissa

If you have been charged with an alcohol and/or drug related driving offense you need an attorney who is experienced in handling these cases.

A conviction for D.W.I. holds serious consequences. Start off in the right direction by hiring an attorney experienced in litigating these cases.

In addition to prosecuting alcohol and drug related driving offenses Melissa S. Aguanno has attended a three day Standardized Field Sobriety Test Course. This is the same course given to Law Enforcement agencies throughout New York State.

What are the penalties for Alcohol-related or Drug-related Violations?

Penalties for Alcohol-related and Drug-related Violations

Violation (1)

Mandatory Fine (2)

Maximum Jail Term

Mandatory Driver License Action (3)

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) $1,000 - $5,000 4 years Revoked for at least 18-months (5)
Third A-DWI in 10 years (D felony)(1) $2,000 - $10,000 7 years Revoked for at least 18-months (4,5)
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) $1,000 - $5,000 4 years Revoked for at least one year
Third DWI/DWAI-Drug violation in 10 years (D felony)(1) $2,000 - $10,000 7 years Revoked for at least one year (4)
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) $1,000 - $5,000 4 years Revoked for at least one year/18 months (5)
Third DWAI/Combination in 10 years (D felony)(1) $2,000 - $10,000 7 years Revoked for at least one year/18 months (4,5)
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 Revoked for at least 90 days. 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 Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).
  1. Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
  2. Surcharges are added to misdemeanors ($160) and felonies ($270).
  3. The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
  4. Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.
  5. A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.

Courtesy of the N.Y.S. Department of Motor Vehicles