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Penalties for Alcohol-related and Drug-related Violations

Violation (1)

Mandatory Fine

Max 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 6  months DWAI-Drugs - Suspended  for at least 6 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 penalty & $100 to terminate suspension

None

Suspended for six months

Second Zero Tolerance Law

$125 civil penalty & $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 & $50 reapplication fee

None

Revoked for at least one year.

Chemical Test Refusal-
Second or subsequent
Zero Tolerance Law

$750 civil penalty and $50 reapplication 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.

 

DISCLAIMER: All material included on this page and generally on the web site is for informational purposes only and may not reflect the most current legal developments. Because the law changes quickly, none of this information should be used or relied on as legal advice or opinion about any particular matter. You should consult a lawyer about your particular circumstances before you act on any of the information contained in these pages because the information presented on these pages may not be applicable to your particular legal situation.

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Kurt T. Richards, P.C.
1200 South Avenue, Suite 201
Staten Island, NY 10314
Phone: 718-720-1000
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