DUI / DWI Conviction:

A conviction for Driving While Intoxicated in NY is a misdemeanor. In other words it is a crime. New York has no expungement statute which means the conviction can never be removed from your record. You will always have to say you have been convicted for a crime on any job application that asks the question.

DWI convictions come in a few different shapes and sizes and as you might imagine the penalties get more serious as the crimes escalate in severity. Here is a table of statutory penalties:

First offense DWAI:
A fine of no less than $300 and no more than $500.
Possible jail time of up to 15 days.
Loss of license for 90 days.

Second Offense DWAI Within 5 years:
A fine of no less than $500 and no more than $750.
Possible jail time of up to 30 days.
Loss of license for at least 6 months.

Third Offense DWAI Within 10 years:
A fine of no less than $750 and no more than $1,500.
Possible jail time of up to 180 days.
Loss of license for 90 days if previous violation occurred over five years ago, and loss of license for at least 1 year if it occurred within five years.

First offense DWI or DWAI-Drugs (i.e., no prior DWI convictions within 10 years):
A fine of no less than $500 and no more than $1,000.
Possible jail time of up to 1 year.
Loss of license for at least 6 months.

You will also have to install an ignition interlock device on your car and attend and pay for an alcohol assessment.

Second Offense DWI or DWAI-Drugs Within 5 Years:
A fine of no less than $1,000 and no more than $5,000.
Mandatory jail time of at least 5 days or at least 30 days community service, or possible prison time of up to 4 years.
Loss of license for at least 1 year.

You will also have to install an ignition interlock device on your car and attend and pay for an alcohol assessment.

Third Offense (Or More) DWI or DWAI-Drugs Within 5 Years:
A fine of no less than $2,000 and no more than $10,000.
Mandatory jail time of at least 10 days or at least 60 days community service, or possible prison time of up to 7 years.
Loss of license for at least 1 year, ignition interlock device, and required alcohol evaluation.

Second Offense DWI or DWAI-Drugs Within 10 Years:
A fine of no less than $1,000 and no more than $5,000.
Possible prison time of up to 4 years.
Loss of license for at least 1 year.

Third Offense (Or More) DWI or DWAI-Drugs Within 10 Years:
A fine of no less than $2,000 and no more than $10,000.
Possible prison time of up to 7 years.
Loss of license for at least 1 year.

First Offense DWAI-Alcohol/Drugs:
A fine of no less than $500 and no more than $1,000.
Possible jail time of up to 1 year.
Loss of license for at least 6 months.

Second Offense DWAI-Alcohol/Drugs:
A fine of no less than $1,000 and no more than $5,000.
Possible prison time of up to 4 years.
Loss of license for at least 1 year.

Third Offense DWAI-Alcohol/Drugs:
A fine of no less than $1,000 and no more than $5,000.
Possible prison time of up to 7 years.
Loss of license for at least 18 months.

First Offense Aggravated DWI:
A fine of no less than $1,000 and no more than $2,500.
Possible jail time of up to 1 year.
Loss of license for at least 1 year.

Second Offense Aggravated DWI Within 5 years:
A fine of no less than $1,000 and no more than $5,000.
Mandatory jail time of at least 5 days or at least 30 days community service, or possible prison time of up to 4 years.
Loss of license for at least 18 months.

Third Offense (Or More) Aggravated DWI Within 10 years
A fine of no less than $1,000 and no more than $5,000.
Mandatory jail time of at least 10 days or at least 60 days community service, or possible prison time of up to 7 years.
Loss of license for at least 18 months.

Passenger Under 16 in Vehicle
Class “E” Felony
Fine Up to $5,000 and / or,
Jail – Up to 4 Years this is on top of the DWI charge.

First Offense Zero Tolerance: (For drivers under 21 with a BAC higher than .02)
Minimum $125 civil penalty payable to DMV.
Loss of license for 6 months.
$100 suspension termination fee.

Second Offense Zero Tolerance:
Minimum $125 civil penalty payable to DMV.
Loss of license for at least 1 year or until 21 years old, whichever is longer.
$100 license re-application fee.

You can expect a good lawyer to charge you no less than three thousand dollars for a first offense DWI. A trial can run upwards of fifteen thousand additional dollars. The more serious the case, the higher these fees will be as well.

Also, a slew of civil penalties and insurance costs exist, that for the first time DWI offender over the course of three years will exceed ten thousand dollars-outside of the criminal penalties discussed above and the legal fees.

Long Island DWI Lawyer

Criminal Defense | DUI/DWI

Serving clients in New York City, Queens, Bronx, Brooklyn, Nassau County & Suffolk County.

As experienced New York City and Long Island Criminal Defense and DWI Attorneys, Anthony J. Colleluori and his associates fight to protect your interests, 24 hours a day, seven days a week.

Call (516) 741-3400 to discuss your case with an experienced DWI defense attorney or contact us online.

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