New York Lawyer's Legal Updates

DUI / DWI conviction

Author: NY DUI attorney Alena Shautsova

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 seriousness. 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 know 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 there exists a slew of civil penalties and Insurance costs that for the first time DWI offender over the cost of Three years will exceed Ten Thousand Dollars outside of the criminal penalties discussed above and the legal Fees.

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