DRIVING WHILE IMPAIRED

• VTL 1192.1 (Blood Alcohol .05-.07)

1st Offense – Traffic Infraction

• Max Jail: 15 days  
• Fine: $300-$500     
• Surcharge: $75 
• License: Suspended 90 days   Registration:  May be suspended 90 days

2nd Offense within 5 Years – Traffic Infraction

• Max Jail: 30 days   
• Fine: $500-$750      
• Surcharge: $75   
• License: Revoked 6 months           
• Registration: May be revoked 6 months

3rd Offense within 10 Years - Misdemeanor

• Max Jail: 180 days   
• Fine: $750-$1500       
• Surcharge: $140 + $20 
• License: Revoked 6 months          
• Registration: May be revoked 6 months

DRIVING WHILE INTOXICATED

• VTL 1192.2 (Blood Alcohol .08-.17)
• VTL 1192.2(a) (Blood Alcohol .18 or more)
• VTL 1192.3 (Refusal – Common Law DWI)
• VTL 1192.4 (Drugs – also called “DUI”)

1st Offense (VTL 1192.2, 1192.3, 1192.4) - Misdemeanor

• Max Jail: 1 year  
• Fine: $500-$1000      
• Surcharge: $140 + $20
• License: Revoked 6 months          
• Registration: May be revoked 6 months
  • If under 21 with no prior 1192, driver’s license revoked for at least 1 year;
  • If under 21 with prior 1192, revocation of driver’s license for 1 year or until 21, whichever is greater

1st Offense (VTL 1192.2-a) - Misdemeanor

• Max Jail: 1 year  Fine: $1000-$2500      
• Surcharge: $140 + $20
• License: Revoked 6 months          
• Registration: May be revoked 6 months
  • If under 21 with no prior 1192, driver’s license revoked for at least 1 year;
  • If under 21 with prior 1192, revocation of driver’s license for 1 year or until 21, whichever is greater

2d Offense within 10 Years – E Felony

• Max Jail: 4 years   Fine: $1000-$5000      
• Surcharge: $250 + $20
• License:  Revoked Minimum of 1 year Registration:  May be revoked Minimum 1 year

2nd Felony DWI within 10 Years – D Felony

• Max Jail: 7 years   Fine: $2000-$10,000     
• Surcharge: $250 + $20
• License:  Revoked Minimum of 1 year Registration:  May be revoked Minimum 1 year

*** If 1192(2) or (3): If 1 prior within 5 years = at least 5 days jail or 30 days Community
 Service. If 2 priors within 10 years = at least 10 days jail or 60 days Community Service. In either of above, Ignition Interlock Device must be affixed to car during revocation period & Judge must order alcohol assessment.

CHEMICAL TEST REFUSAL (NY VTL § 1194)

If you refuse a chemical test (usually breath, but also can be blood or urine), you are NOT entitled to a Pre-Conviction Conditional License.  A chemical test refusal mandates an initial suspension of your license at your arraignment.  The Court will schedule a "Refusal Hearing" at the Department of Motor Vehicles.  This hearing must be scheduled within 15 days of your arraignment or your license will be reinstated by the Department of Motor Vehicles.  A refusal hearing is an evidentiary proceeding involving "live witnesses" and is conducted before an Administrative Law Judge.  If the Administrative Law Judge concludes that you, in fact, refused to take a chemical test as requested by a member of law enforcement (which in the overwhelming majority of cases they do), then your license will be revoked for a minimum of one (1) year from the date of your hearing (THIS IS SEPARATE FROM ANY SUSPENSION/REVOCATION AS PART OF CRIMINAL CASE, ALTHOUGH THEY MAY OVERLAP).

If your license is revoked by the administrative law judge at the refusal hearing, it means your license is canceled.  To get a new license, you must re-apply to the Department of Motor Vehicles once the revocation period is over.  The Department of Motor Vehicles will decide whether or not you will be issued a new license.

In addition to the revocation of your license, you will be required to pay a $500.00 civil penalty prior to restoration of your "full" driving privileges pursuant to NY VTL § 1194[2](d)(2).  A refusal adjudication can also affect future suspensions and revocations arising out of any new alcohol-related convictions

THE DRINKING DRIVER PROGRAM (NY VTL § 1196)

If this is your first alcohol-related arrest, and you are convicted of either DWI or DWAI, then you are eligible to participate in the New York State Drinking Driver Program (DDP) required for any Post-Plea/Conviction Conditional License (Most courts also REQUIRE participation in this program as part of any plea disposition).  This program consists of weekly classes for approximately seven weeks and involves a total of approximately fifteen (15) classroom hours.  The cost to enroll in the DDP is approximately $75.00 to D.M.V. and $175.00 to the Program Administrator.

Participation in the DDP is limited; you are not permittedto participate in the program if the time from any prior completion of the program to the date of your next arrest is less than five years.  The five years runs from the date you completed the DDP until the date of your most recent arrest.  It does not run from the date of your last conviction.

RE-LICENSING FEE

If your driver's license is revoked as a result of an alcohol-related conviction, you must actually re-apply for a new license. When re-applying for a new license, you must include a $50 non-refundable re-application fee with his application.
If your driver’s license is suspended, you must pay a $35 termination of suspension fee to the court that suspended your license.  The Court may not lift the suspension of the driver license until that fee is paid.

YOUR AUTOMOBILE INSURANCE

In general, drunk driving convictions remain on your insurance company records and are used as a factor to determine your premiums for between five (5) and ten (10) years.

Suspension or revocation of your driver’s license as a result of a drunk driving conviction is just cause for your insurance company to cancel your automobile insurance policy.  An drunk driving conviction also increases the probability that your insurance company will not renew your present insurance policy.  If you cannot find another company to offer you insurance, you will be relegated to the New York Automobile Insurance Plan (i.e., the "risk pool") at a substantially higher cost. 

Bassett & Bassett, P.C.
320 Carlton Avenue, Suite 4200
Central Islip, NY 11722
Directions

Phone: 631-234-2511
Emergency (24 hour) Phone: 631-312-4439

Credit Cards Accepted

The Central Islip, New York, law firm of Bassett & Bassett, P.C., provides legal services and representation for residents of Nassau County and Suffolk County Long Island communities such as Central Islip, Bay Shore, Brentwood, East Hampton, Hempstead, Huntington, Mastic, Mineola, Riverhead, Shirley, Smithtown, Southampton, and Wyandanch, New York.