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DWI Penatlties

Suffolk County DWI Lawyers

suffolk county dwi penalties

Daniel G. Rodgers, PLLC

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 suffolk county dwi lawyers
dwi lawyers in suffolk county ny

DWI Penalties

Please note: The information below is being offered as "general information" and not legal advice. Some of the information below may not be up to date at the time it is being viewed and therefore, no legal decisions should ever be made based on this information. If you need legal advice, you should always consult with an experienced attorney.


New York State DWI Penalties in Suffolk County

DWI is just one charge associated with driving under the influence in Suffolk County. Depending on your BAC (% of blood alcohol content) or intoxicating drugs and other factors, you could face serious consequences:

Drunk driving, formally called driving while intoxicated or DWI in Suffolk County New York, is a serious crime. New York State will suspend your license, impose expensive fines, and even put you in jail if you drink and drive.


DWI In Suffolk County New York

To determine whether you’re legally driving while intoxicated, the New York state uses your blood alcohol concentration, or BAC. Police in Suffolk County will charge you with DWI if your BAC is:

• 0.08% or higher and you’re 21 years old or older.
• 0.04% or higher and you’re driving a commercial motor vehicle. (CDL License)
• 0.02% or higher and you’re younger than 21 years old. (Zero Tolerance Law)

•  DWAI/Alcohol: The name for Driving While Ability Impaired specifically by alcohol. (with a BAC of 0.06% or higher)
•  DWAI/Drugs: The specific name for Driving While Ability Impaired by a drug other than alcohol.
•  DWAI/Combination: The specific name for Driving While Ability Impaired by both alcohol and other drugs.
•  Aggravated DWI: Being charged with aggravated driving by having a BAC of 0.18% or higher.


Understanding Your Suffolk County DWI Penalties

Your DWI penalties in Suffolk County depend on factors like:

•  Your age.
•  The substance impairing you (alcohol, drugs, or a combination of both).
•  Your driver’s license (regular passenger license vs. a special license like a CDL).
•  Whether you submitted to a chemical test.

Penalties and Fines in Suffolk County for these additional drug and alcohol crimes vary, as do those for other related crimes, such as a chemical test refusal or a violation of the Zero Tolerance Law.


Suffolk County/ Driving While Impaired By Alcohol: Violation

1st Offense

•  License suspension for 90 days.
•  A $300 - $500 fine.
•  A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years.
•  Up to 15 days in jail.
•  Enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.


2nd Offense (In 5 Years)

•  License revocation for at least 6 months.
•  A $500 - $750 fine.
•  A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years.
•  Up to 30 days in jail.
•  Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.


Suffolk County/ Driving While Intoxicated: Misdemeanor

1st Offense

•  DWI: License revocation for 6 months.
•  DWAI: License suspension for 6 months.
•  A $500 - $1,000 fine.
•  A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years.
•  Up to 1 year in jail.
•  Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.


2nd Offense

You face these penalties in Suffolk County if you commit another DWI or DWAI/Drugs offense within 10 years of the first violation: (This is a Felony Level Offense)

•  License revocation for at least 1 year.
•  A $1,000 - $5,000 fine.
•  A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years.
•  Up to 4 years in jail, with a minimum of 5 days in jail or 30 days of community service.
•  A Class E felony.
•  Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.

Driving While Impaired By Drugs in Suffolk County:
** Driving While Intoxicated and and Driving While Impaired by Drugs are Misdemeanors and carry the same penalties.


DWAI/Alcohol & Drugs/ Combination: Misdemeanor

DWAI/Combination in Suffolk County means you were driving under the influence of both alcohol and drugs.


1st Offense

•  License revocation for at least 6 months.
•  A $500 - $1,000 fine.
•  A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years.
•  Up to 1 year in jail.
•  Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.

A second offense DWAI/Combination in Suffolk County is when you are charged again within 10 years of the last conviction. (This is a Felony Level Offense)


2nd Offense

•  License revocation for at least 1 year (18 months).
•  A $1,000 - $5,000 fine.
•  A minimum $250 annual assessment fine, for a total of $750 in fines over three years.
•  Up to 4 years in jail.
•  Class E Felony.
•  Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.


Chemical Test Refusal Penalties/ Suffolk County: Also known as "DWI Refusal"

In New York State and in Suffolk County, the Implied Consent Law requires that you give your consent to have your blood, breath, urine, or saliva tested for alcohol or drugs if an officer stops you and they have probable cause to believe you may be under the influence of alcohol. If the police officer has probable cause to make an arrest and you do not consent to such a test, the following administrative penalties may apply, regardless of the outcome of your criminal charge:


1st Offense

•  License revocation for at least 1 year (18 months for commercial drivers).
•  $500 civil penalty ($550 civil penalty for commercial drivers). You must pay this before you can reapply for your license.


2nd Offense

Refusing a chemical test in Suffolk County within 5 years of a previous chemical test refusal or another DWI-related charge constitutes a second offense and carries the following penalties:

•  $750 civil penalty.
•  License revocation for at least 18 months (permanent CDL revocation).

Note: There will be a seperate Administrative Hearing scheduled at the New York State Department of Motor Vehicles soon after your arrest to determine if there existed an actual refusal to submit to a chemical test.


Aggravated DWI/ Child In Vehicle: Leandra's Law (Suffolk County)

The law established a new Class E Felony. The law states that no person shall operate a motor vehicle under the influence of alcohol or drugs while a child who is 15 years of age or younger is a passenger in the vehicle.


Aggravated DWI/ Suffolk County, New York
New York State Vehicle & Traffic Law Section 1192.2-A

If your BAC is 0.18% or higher, you will be charged with an Aggravated DWI in Suffolk County under section 1192.2-A of the Vehicle and Traffic Law in the State of New York. You may qualify for a conditional or restricted use license.


1st Offense

•  License revocation for at least 1 year.
•  A $1,000 - $2,500 fine.
•  A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years.
•  Up to 1 year in jail.
•  Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.


2nd Offense (In 10 Years)

•  License revocation for at least 18 months.
•  A $1,000 to $5,000 fine.
•  A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years.
•  Up to 4 years in jail.
•  A Class E Felony.
•  Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.

Note: For any Misdemeanor or Felony convicition under this section, you will be ordered to install an approved ignition interlock device on any vehicle that you own or operate.

This information is subject to continuous change, may not be accurate or complete and is not legal advice. You should speak directly with a Suffolk County DWI attorney to obtain legal advice.


Commercial Drivers CDL (Suffolk County)

CDL holders cannot legally operate commercial vehicles with a BAC of 0.04% or higher. Doing so brings much more severe penalties than those that regular passenger drivers experience―fines are higher and permanent license revocation is swifter.

A single conviction in a Suffolk County court for any DWI or DWAI or having a BAC of 0.04% or higher will result in a revocation for a minimum of one year. A second conviction within the drivers lifetime will result in a lifetime revocation with a possible waiver after ten years.


Ignition Interlock Device (IID) Suffolk County

Since August 15, 2010, Courts in Suffolk County must sentence a person convicted of either a Misdemeanor or a Felony DWI to a period of probation or to a conditional discharge that will require the installation and use of an ignition interlock device in any motor vehicle owned or operated by any person convicted under this law. The ignition interlock device must remain in the vehicle for at least 12 months, unless otherwise permitted by the court.


An ignition interlock device connects to a motor vehicle ignition system and measures the alcohol content in the breath of the operator. The device prevents the vehicle from being started until the motorist provides an acceptable breath sample.


If ignition interlock device is ordered by a Suffolk Court, the system must be installed on each vehicle the motorist owns or operates. The ignition interlock restriction will be added to the driver license record even if the license is revoked. The restriction will appear on the back of the driver license document as "interlock device".


Suffolk Courts and the Suffolk County probation department will direct convicted motorists to vendors for ignition interlock installation. Typically, there is a charge to install the device as well as a monthly servicing or monitoring fee. This fee may be waived if economic hardship can be established. 


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Applying For A Conditional License


 All DWI offenses can leave you with a suspended license in Suffolk County New York, but some drivers are eligible for temporary driving permits, called conditional licenses, which sometimes require IIDs (Ignition Interlock Device).


Typically, you can get a conditional license if:

•  This is your first DWI or DWAI conviction.
•  You enroll in the Drinking Driver Program. (After conviction)

While the DMV determines whether you’re eligible for a conditional license, your judge can stop you from applying for one.

If you’re eligible for reinstatement (i.e. the DMV and court haven’t decided to permanently revoke your driving privileges), you must:

•  Pay all applicable fines.
•  Complete any jail time.
•  Successfully complete the Drinking Driver Program, if ordered, as well as any ordered alcohol or drug treatment programs.
•  Keep your ignition interlock device for the ordered amount of time, if applicable.
•  Finish your suspension or revocation period.
•  Pay the suspension termination fee, if ordered.


Zero Tolerance Laws In Suffolk County


Suffolk County DWI Referral Services


Basics Of DWI In Suffolk County


Breath Techniques

NOTICE

All of the information on this website is for "informational purposes only" and is not considered legal guidance or counsel. The information may not be accurate or up-to-date at the time it is being veiwed. You must consult with an attorney for legal guidance in any matter. New York State Vehicle and Traffic Laws. Do not rely on this information for legal guidance.


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