Operating A Motor Vehicle While Under The Influence Of Alcohol And Drugs
A Brief Overview of Operating A Motor Vehicle While Under The Influence Of Alcohol And/ Or Drugs:
- Driving While Ability Impaired By Alcohol (DWAI)- VTL § 1192.1
- Penalties For Driving While Ability Impaired By Alcohol
- Driving While Intoxicated With .08 Of One Percent Alcohol (DWI)-VTL § 1192.2
- Penalties For Driving While Intoxicated With .08 Of One Percent Alcohol
- Aggravated Driving While Intoxicated With .18 Grams Or More Of Alcohol-VTL §1192.2a
- Penalties For Aggravated Driving While Intoxicated With .18 Grams Or More Of Alcohol
- Driving While In An Intoxicated Condition-VTL §1192.3
- Penalties For Driving While In An Intoxicated Condition
- Driving While Ability Impaired By Drugs-VTL§ 1192.4
- Penalties For Driving While Ability Impaired By Drugs
- Driving While Ability Impaired By Drugs And Alcohol-VTL § 1192.4a
- Penalties For Driving While Ability Impaired By Drugs And Alcohol
- Driving While Impaired Per Se level I -Commercial Motor Vehicle- VTL §1192.5
- Penalties For Driving While Impaired Per Se level I
- Driving While Impaired Per Se level II -Commercial Motor Vehicle- VTL §1192.6
- Penalties For Driving While Impaired Per Se level II
- Operating A Motor Vehicle After Consuming Alcohol/Under 21- VTL §1192-a
- Penalties For Operating A Motor Vehicle After Consuming Alcohol/Under 21
- Refusal To submit To Breath Test-VTL §1194.1.b
- Penalties For Refusal To submit To Breath Test
- Other Potential Fees, Charges and Consequences
You can be found guilty of DWAI if you operate a motor vehicle while your ability to operate it is impaired by the consumption of alcohol. Please call me at 1-888-DWI-ATTY if you have been charged with violating VTL § 1192.1 or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.
2. Penalties for Driving While Ability Impaired By Alcohol [ .05 to .07 Blood Alcohol Content]*:
| Conviction | Class | Minimum Fine | Maximum Fine | Jail | License |
| 1st | Traffic Infraction | $300.00 | $500.00 | Up to 15 days | 90 Day Suspension |
| 2nd Offense Within 5 Years | Traffic Infraction | $500.00 | $750.00 | Up to 30 Days | Minimum Six Month Revocation |
*Please see other potential consequences discussed below.
3. Driving While Intoxicated With .08 Of One Percent Alcohol (DWI)-VTL § 1192.2:You can be found guilty of DWI if you operate a motor vehicle while you have a blood alcohol content of .08 or greater. Please call at me at1-888-DWI-ATTY if you have been charged with violating VTL 1192.2 or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.
4. Penalties For Driving While Intoxicated [0.08 And Higher Blood Alcohol Content]*:
| Conviction | Class | Minimum Fine | Maximum Fine | Jail | License Action |
| 1st | Misdemeanor | $500.00 | $1000.00 | Up to 1 Year | Minimum 6 Month Revocation |
| 2nd Offense Within 10 Years | E -Felony | $1000.00 | $5000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | Minimum 1 Year Revocation |
*Please see other potential consequences discussed below.
5. Aggravated Driving While Intoxicated With .18 Grams Or More Of Alcohol -VTL §1192.2a :You can be found guilty of aggravated DWI if you operate a motor vehicle while you have a blood alcohol content of .18 or greater. Please call me at 1-888-DWI-ATTY if you have been charged with violating VTL § 1192.2a or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.
6. Penalties For Aggravated Driving While Intoxicated With .18 Grams Or More Of Alcohol [ .018 and higher Blood Alcohol Content]*:
| Conviction | Class | Minimum Fine | Maximum Fine | Jail | License |
| 1st | Misdemeanor | $1,000.00 | $2,500.00 | Up to 1 Year | Minimum 1 Year Revocation |
| 2nd Offense Within 10 Years | E -Felony | $1000.00 | $5000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | Minimum 18 month Revocation |
*Please see other potential consequences discussed below.
7. Driving While In An Intoxicated Condition-VTL §1192.3:You can be found guilty of common law DWI if you operate a motor vehicle while you are in an intoxicated condition. Please call me at 1-888-DWI- ATTY if you have been charged with violating VTL §1192.3 or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.
8. Penalties For Driving While In An Intoxicated Condition-VTL §1192.3*:
| Conviction | Class | Minimum Fine | Maximum Fine | Jail | License |
| 1st | Misdemeanor | $1,000.00 | $2,500.00 | Up to 1 Year | Minimum 1 Year Revocation |
| 2nd Offense Within 10 Years | E -Felony | $1000.00 | $5000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | Minimum 18 month Revocation |
*Please see other potential consequences discussed below.
9. Driving While Ability Impaired By Drugs-VTL§ 1192.4*:You must not operate a vehicle while your ability to do it is impaired by the use of a drug. Please call me at 1-888-DWI-ATTY if you have been charged with violating VTL § 1192.4 or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.
10. Penalties For Driving While Ability Impaired By A Drug [DWAI Drug]*:
| Conviction | Class | Minimum Fine | Maximum Fine | Jail | License |
| 1st | Misdemeanor | $500.00 | $1000.00 | Up to 1 Year | Minimum 6 Month Revocation |
| 2nd Offense Within 10 Years | E -Felony | $1000.00 | $5000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | Minimum 1 Year Revocation |
*Please see other potential consequences discussed below.
11. Driving While Ability Impaired By Drugs And Alcohol-VTL § 1192.4a:You can be found guilty of DWAI-Drugs if you operate a motor vehicle while your ability to do so is impaired by the influence of drugs or the combined influence alcohol and any drug(s). Please call me at 1-888-DWI-ATTY if you have been charged with violating VTL § 1192.4a. If the case is not dismissed, I will either negotiate a plea bargain acceptable to you or take the case to trial.
12. Penalties For Driving While Ability Impaired By Drugs And Alcohol (DWAI Combination)*:
| Conviction | Class | Minimum Fine | Maximum Fine | Jail | License |
| 1st | Misdemeanor | $500.00 | $1000.00 | Up to 1 Year | Minimum 6 Month Revocation |
| 2nd Offense Within 10 Years | E -Felony | $1000.00 | $5000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | Minimum 1 Year Revocation |
*Please see other potential consequences discussed below.
13. Driving While Impaired Per Se level I -Commercial Motor Vehicle- VTL §1192.5:You can be found guilty of DWAI-Level II if you operate a commercial motor vehicle while you have blood alcohol content anywhere from .04 to .06. Please call me at 1-888-DWI-ATTY if you have been charged with violating VTL 1192.5 or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.
| Conviction | Class | Minimum Fine | Maximum Fine | Jail | License |
| 1st | Traffic Infraction | $300.00 | $500.00 | Up to 15 Days | CDL revoked for 1 Year or at least 3 years if vehicle was placarded for Hazardous Materials |
| 2nd Offense Within 5 Years | Traffic Infraction | $500.00 | $750.00 | Up to 4 years; minimum 5 days or 30 days Community Service | CDL revoked for Life unless waived |
Warning: You will be put out of service for 24 hours if you have any detectable amount of alcohol under .04%.
*Please see other potential consequences discussed below.
15. Driving While Impaired Per Se level II -Commercial Motor Vehicle- VTL §1192.6:You can be found guilty of DWAI-level II if you operate a commercial motor vehicle while you have blood alcohol content anywhere between .06 and .08. Please call me at 1-888-DWI-ATTY if you have been charged with violating VTL §1192.6 If the case is not dismissed, I will either negotiate a plea bargain acceptable to you or take the case to trial.
| Conviction | Class | Minimum Fine | Maximum Fine | Jail | License |
| 1st | Misdemeanor | $500.00 | $1,500.00 | Up to 180 Days | CDL revoked for 1 Year or at least 3 years if vehicle was placarded for Hazardous Materials |
| 2nd Offense Within 5 Years | Misdemeanor | $1,000.00 | $5,000.00 | Up to 4 years; minimum 5 days or 30 days Community Service | CDL revoked for Life unless waived |
*Please see other potential consequences discussed below.
17. Operating A Motor Vehicle After Consuming Alcohol/Under 21- VTL §1192-a :This is the zero- tolerance law. If you are under the age of 21 you must not operate a motor vehicle after having consumed alcohol. If you are under the age 21 you will be deemed to have consumed alcohol only if you have blood alcohol content between .02 and .07. Please call me at 1-888-DWI-ATTY if you have been charged with violating VTL §1192-a or any other section of the vehicle and traffic law. If the case is not dismissed, I will either negotiate a favorable plea bargain or take the case to trial.
18. Penalties For A Motor Vehicle After Consuming Alcohol/Under 21 [ Zero Tolerance]:
| Conviction Class | Civil Penalty | Jail | License | ||
| 1st | It is neither a crime nor an offense | $125.00 | N/A | Suspended 6 months | |
| 2nd | It is neither a crime nor an offense | $125.00 | N/A | Revoked for 1 year or until age 21 whichever is greater |
*Please see other potential consequences discussed below.
19. Refusal To submit To Breath Test-VTL §1194.1.b:You can be found guilty of refusing to submit to a breath test/screening if you refuse to take one when requested by a police officer after you have operated a motor vehicle that was involved in an accident or if you have violated any section of the vehicle and traffic law. If that test indicates that you have consumed alcohol the police officer can ask you to submit to a chemical test. Please call me at 1-888-DWI-ATTY if you have been charged with violating VTL §1194.1.b or any other section of the vehicle and traffic law. If the case is not dismissed, I will either negotiate a favorable plea bargain or take the case to trial.
20. Penalties For Refusal To submit To Breath Test:
| Convictions within Eighteen (18) Months | Minimum Fine | Maximum Imprisonment | Points on Driving Record | Assistance Fee |
| 1st | $150.00 | 15 Days | 0 | $30.00 or $35.00 |
| 2nd | $300.00 | 45 Days | 0 | $30.00 or $35.00 |
| 3rd | $450.00 | 90 Days | 0 | $30.00 or $35.00 |
*Please see other potential consequences discussed below.
22. Other Potential Fees, Charges and Consequences:In addition to the fines stated in the above charts, if convicted you will have to pay a mandatory surcharge and crime victim assitance fee between $260 and $520. You will also be charged a Driver Responsibility Assessment Fee by the New York State Department of Motor Vehicle totaling seven hundred and fifty dollars over three years. If your license is suspended you will have to pay a suspension termination fee to get your license back. If your license is revoked you will have to pay a re-application fee before applying for a new license. A conviction may also result in suspension or revocation of your registration. You may have to pay a fee to re-register your vehicle. You may also be required to pay a fee for attending a Victim Impact Panel. You may have to pay a fee to get a conditional license. You may also have to pay a fee to enroll in the Drinking Driver Program [ $75.00 to NYSDMV + up to $225.00 to the course provider =$300.00]. You may also be required to pay for a drug or alcohol evaluation and/or treatment program. You may even have to purchase an ignition interlock system. You also probably be required to pay a higher premium for car or life insurance. You could even be excluded from certain employment opportunities. You may lose your right to vote or your ability to be a notary public or sit on a jury if you are convicted of a felony. A third or subsequent conviction in ten years may result in increased fines, jail sentences and license penalties. You will lose your CDL for at least one year for the first offense for: (a) driving any vehicle under the influence of alcohol; (b) driving any vehicle while under the influence of a controlled substance; and /or (c) refusing to undergo blood alcohol testing. You will lose your CDL for at least three years if you committed any of the foregoing offenses while you were operating a CMV that is placarded for hazardous material. You will lose your CDL for life if convicted of any of the foregoing offenses for a second time. You may be prevent from entering Canada. The foregoing is not intended to be-nor is it- an exhaustive list of all possible fees, charges and consequences of being convicted of an offense related to driving under the influence of alcohol and/or drugs. There simply too many possible fees, charges and consequences to identify them all in this brief overview. Please call George P. Conway at 1-888-DWI-ATTY to discuss the specific facts and circumstances of your case. The initital consultation is free.