Driving while under the influence of alcohol is an extremely reckless practice, and can forever detriment your life and the lives of others if in an accident or arrested. While you will want to find an experienced Brooklyn lawyer for your case, this article explains the penalties of the charges of DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired by alcohol) under New York law.
For first time DWAI
* Pay a fine between $ 300 and $ 500, imprisonment up to 15 days or both.
* Pay a surcharge of $75
* Driver’s license will be suspended for 90 days.
* Undergo driver responsibility assessment for 3 years (cost $ 250 per year).
* Attending a Victim Impact Panel is required.
For first time DWI
* Pay a fine between $ 500 and $ 1000, imprisonment up to 1 year or both.
* Driver’s license is revoked for a period of 6 months.
* Undergo driver responsibility assessment for 3 years (cost $250 per year).
* Be under probation for a period of 3 years.
* Pay a surcharge of $185.
* Attending a Victim Impact Panel is required.
Felony DWI
* Pay a fine between $ 1000 and $ 5000, imprisonment up to 4 years or both.
* Driver’s license will be revoked for minimum period of 1 year. Proof that alcohol evaluation or rehabilitation has been undertaken is required before the DMV will ever return your driving license.
* Pay a surcharge of $ 295.
* Attending a Victim Impact Panel is required.
* Be under probation for a period of 5 years.
* Need to get sanction from either the probation department or the court before the DMV will give you permission to drive while under probation.
* Undergo driver responsibility assessment for 3 years (cost $ 250 per year).
If this is your second DWI conviction in five years
* Imprisonment for 5 days or perform community service for 30 days.
* Mandatory installation of an ignition interlock device on every motor vehicle you own.
In the case of vehicular assault or manslaughter (1st or 2nd degree is involved for both)
* Pay a fine between $ 2000 and $ 10,000, imprisonment for 7 years or both.
* License will be revoked for a minimum period of 18 months. Proof that alcohol evaluation or rehabilitation has been undertaken is required before the DMV will ever return your driving license.
* Pay a surcharge of $ 295.
* Attending a Victim Impact Panel is required.
* Be under probation for a period of 5 years.
* Need sanction from either the probation department or the court before the DMV will let you drive under probation.
* Undergo driver responsibility assessment for 3 years (cost $250 per year).
Regardless of the nature of your DUI/DWAI, an experienced and dedicated attorney is critical in protecting your rights and livelihood.
For a Brooklyn Attorney, the author recommends the Brooklyn Bar Association Lawyer Referral service.