DWI / DWAI Penalties in Westchester County & New York

DWAI (Driving While Ability Impaired by Alcohol
DWI (Driving While Intoxicated) – First Offense
Driving While Intoxicated (DWI) as a Class "E" Felony
Driving While Intoxicated (DWI) as a Class "D" Felony
Aggravated DWI (Driving While Intoxicated) – First Offense
Driving While Ability Impaired by Drugs
Driving While Ability Impaired by Combined Influence of Alcohol/Drugs

DWAI (Driving While Ability Impaired by Alcohol)

A Driving While Ability Impaired by Alcohol charge is a violation and not a crime. However, if a person pleads guilty to, or is convicted of Driving While Ability Impaired by Alcohol, that person faces the following potential penalties (sentence):

  • A fine of between $300 and $500, up to 15 days in jail, or both;
  • Suspension of the driver's license for 90 days (unless you the person is under 21 or possess a Commercial Driver's License ("CDL"));
  • A surcharge of $255 ( $260 if the case is in either a Town or a Village Court);
  • A driver responsibility assessment of $250 a year for 3 years;
  • A requirement that the person attend a Victim Impact Panel (i.e. Mothers Against Drunk Driving "MADD"); and
  • A requirement that the person attend a Drunk Driving Program ("DDP" program administered by the New York State Department of Motor Vehicles.

DWI (Driving While Intoxicated) – First Offense

Driving While Intoxicated (DWI) is a misdemeanor crime in New York. If a person pleads guilty to, or is convicted of a DWI as a misdemeanor the result will be a lifetime criminal record and will include the following potential penalties (sentence)

  • A fine of between $500 and $1,000, up to 1 year in jail, or both;
  • A period of probation of 3 years;
  • Revocation of your driver's license for at least 6 months;
  • Discretionary revocation of your registration for at least 6 months;
  • A surcharge of $395 ($400 if the case is in either a Town or a Village Court);
  • A driver responsibility assessment of $250 a year for 3 years;
  • A requirement that the person attend the Victim Impact Panel (i.e. Mothers Against Drunk Driving "MADD");
  • A requirement that the person install and maintain a functioning ignition interlock device in any motor vehicle that they own or operate during the term of probation or conditional discharge, and in no event for less than 6 months. See our Ignition Interlock Device page for additional information; and
  • A requirement that the person attend a Drunk Driving Program ("DDP") program administered by the New York State Department of Motor Vehicles.

DWI (Driving While Intoxicated) as a Class "E" Felony

A person who is charged with a DWI and has been convicted of either a DWI, Aggravated DWI, DWAI Drugs, or DWAI Combined Influence, within the previous 10 years that person can be charged with a class "E" felony DWI. If a person pleads guilty to, or is convicted of a class "E" felony DWI the result will be a lifetime felony criminal record and will include the following potential penalties (sentence):

  • A fine of between $1,000 and $5,000, up to 4 years in state prison, or both;
  • A period of probation of 5 years;
  • Revocation of the person's driver's license for at least 1 year. In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before the person will be issued a new driver's license. Notwithstanding that the Court may revoke the driver's license for one year, if a person is also sentenced to probation then, as a condition of probation, the person may be prohibited from driving while they are on probation;
  • A surcharge of $520;
  • A driver responsibility assessment of $250 a year for 3 years;
  • A requirement that the person attend a Victim Impact Panel (i.e. Mothers Against Drunk Driving "MADD");
  • A requirement that the person install and maintain a functioning ignition interlock device in any motor vehicle that you own or operate during their term of probation or conditional discharge, and in no event for less than 6 months. See our Ignition Interlock Device page for additional information;
  • A requirement that the person attend a Drunk Driving Program ("DDP") program administered by the New York State Department of Motor Vehicles.

DWI (Driving While Intoxicated) as a Class "D" Felony

A person who is charged with a DWI and has been convicted of either a DWI, Aggravated DWI, DWAI Drugs, or DWAI Combined Influence (or Vehicular Assault in the 1st or 2nd degree or Vehicular Manslaughter), on TWO PRIOR OCCASSIONS within the previous 10 years that person can be charged with a class "D" felony DWI. If a person pleads guilty to, or is convicted of a class "D" felony DWI the result will be a lifetime felony criminal record and will include the following potential penalties (sentence)

  • A fine of between $2,000 and $10,000, up to 7 years in state prison, or both;
  • A period of probation of 5 years;
  • Revocation of the person's driver's license for at least 18 months. In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before the person will be issued a new driver's license. Notwithstanding that the Court may revoke the driver's license for one year, if a person is also sentenced to probation then, as a condition of probation, the person may be prohibited from driving while they are on probation;
  • A surcharge of $520;
  • A driver responsibility assessment of $250 a year for 3 years;
  • A requirement that the person attend a Victim Impact Panel (i.e. Mothers Against Drunk Driving "MADD");
  • A requirement that the person install and maintain a functioning ignition interlock device in any motor vehicle that you own or operate during their term of probation or conditional discharge, and in no event for less than 6 months. See our Ignition Interlock Device page for additional information;
  • A requirement that the person attend a Drunk Driving Program ("DDP") program administered by the New York State Department of Motor Vehicles.

Aggravated DWI (Driving While Intoxicated) – First Offense

Aggravated Driving While Intoxicated (DWI) is a misdemeanor crime in New York. If a person pleads guilty to, or is convicted of Aggravated DWI as a misdemeanor the result will be a lifetime criminal record and will include the following potential penalties (sentence)

  • A fine of between $1000 and $2,500, up to 1 year in jail, or both;
  • A period of probation of 3 years;
  • Revocation of your driver's license for at least 6 months;
  • Discretionary revocation of your registration for at least 1 year;
  • A surcharge of $395 ($400 if the case is in either a Town or a Village Court);
  • A driver responsibility assessment of $250 a year for 3 years;
  • A requirement that the person attend the Victim Impact Panel (i.e. Mothers Against Drunk Driving "MADD");
  • A requirement that the person install and maintain a functioning ignition interlock device in any motor vehicle that they own or operate during the term of probation or conditional discharge, and in no event for less than 6 months. See our Ignition Interlock Device page for additional information; and
  • A requirement that the person attend a Drunk Driving Program ("DDP") program administered by the New York State Department of Motor Vehicles.

Driving While Ability Impaired by Drugs

If a person pleads guilty to or is convicted of DWAI drugs, the penalties are nearly identical to the penalties for DWI (see above). However the major distinction is that if a person is convicted of DWAI Drugs the ignition interlock device requirement is not applicable.

Driving While Ability Impaired by Combined Influence of Alcohol/Drugs

If a person pleads guilty to or is convicted of Driving While Ability Impaired by Combined Influence of Alcohol/Drugs, the penalties are nearly identical to the penalties for DWI (see above). However the major distinction is that if a person is convicted of Driving While Ability Impaired by Combined Influence of Alcohol/Drugs the ignition interlock device requirement is not applicable.

Schedule Your Free Initial Consultation

If you have been charged with DWI/DWAI we are here to protect your rights and your driver's license. Contact us online or by telephone at (914) 840-5104 to speak with a Westchester County DWI lawyer.

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