Is The Driver’s License Confiscated Immediately Upon A DWI Arrest?

In New York, your license will be suspended pending a prosecution of the DWI. Your physical license will be taken from you at your arraignment. At the arraignment, you will also have the opportunity to argue for what is called a hardship privilege. If you prove that it would be an extreme hardship for you to get to work or school without the use of a vehicle, then the court can use discretion to give a hardship privilege while the case is pending. If you don’t meet the criteria for a hardship l, then your license will be suspended while the case is pending.

Can I Speak With An Attorney Prior To Making A Decision On Taking The Chemical Test?

You can request a call to an attorney before making the decision of whether or not to take the chemical test. If you decide to refuse the breath test or the blood test, there are consequences on the criminal side as well as the administrative side with the Department of Motor Vehicles (DMV). On the criminal side, refusing the chemical test can often make your case more difficult to defend. On the administrative side, there will be a hearing. If it is determined at that hearing that you did indeed refuse the chemical test, then your license will be revoked by the DMV for one year. Our office will appear with you at that DMV hearing to challenge the results if necessary, and in many instances testimony garnered at this hearing can be beneficial to the client’s criminal case as well. 

Is Everyone Who Is Charged With A DWI Required To Install An Ignition Interlock Device?

In New York, if you enter a plea of guilty to DWI as the misdemeanor, then you will be required to have an ignition interlock device put in your car. However, if we are successful in getting the DWI charge reduced to a violation (called driving while ability impaired), then that plea does not carry the consequence of the ignition interlock device. When dealing with first offense DWIs, our goal is to try to get our clients that DWAI reduction.

 What Factors Can Enhance Or Aggravate A DWI Charge?

Factors that can enhance or aggravate a DWI charge include a high BAC level, an accident, an injury caused by an accident and a history of DWIs.

What Are The Potential Penalties Associated With A DWI Conviction In New York?

In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.

Violation 

Mandatory Fine 

Maximum
Jail Term

Mandatory Driver License Action 

Aggravated Driving While Intoxicated (AGG DWI)

$1,000 - $2,500

1 year

Revoked for at least one year

Second AGG DWI in 10 years (E felony)

$1,000 - $5,000

4 years

Revoked for at least 18 months

Third AGG DWI in 10 years (D felony)

$2,000 - $10,000

7 years

Revoked for at least 18 months

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 or DWAI-Drug violation in 10 years (E felony)

$1,000 - $5,000

4 years

Revoked for at least one year

Third DWI or DWAI-Drug violation in 10 years (D felony)

$2,000 - $10,000

7 years

Revoked for at least one year

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)

$1,000 - $5,000

4 years

Revoked for at least one year

Third DWAI-Combination in 10 years (D felony)

$2,000 - $10,000

7 years

Revoked for at least one year

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

Third or subsequent DWAI within 10 years (Misdemeanor)

$750 - $1,500

180 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 $100 re-application fee

None

Revoked for at least one year.

Chemical Test Refusal - 
Second or subsequent Zero Tolerance Law

$750 civil penalty and $100 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).

Source:

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

Are There Any Alternative Punishments Available For DWI Offenders In New York?

In most instances, alternative punishments or diversion programs are not available. However, sometimes there are opportunities to be creative with the potential sentencing on a DWI matter. Requirements such as community service or an alcohol rehabilitation program can be part of the sentencing. Oftentimes, an agreement to do community service or participate in a rehabilitation program might result in a better overall disposition on working out a plea with the DA’s office.

What Sets You And Your Firm Apart In Handling DWI Cases?

As a firm, we’ve been handling DWI cases for over 40 years. Daniel Gallivan, Esq. was a police officer before he started his law practice. So, the experience in handling these types of cases is invaluable, and it’s not something that you’ll find at many other firms in the area.

For more information on Driver’s License Consequences In A DWI, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 228-7369 today.

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