What Are The Penalties for Alcohol Related or Drug Related Violations in New York State

Penalties for Alcohol-related and Drug-related Violations

Seal of New York.

Image via Wikipedia

Violation (1) Aggravated Driving While Intoxicated (A-DWI)
Mandatory Fine (2) $1,000 – $2,500
Maximum Jail Time 1 year
Mandatory Driver License Action (3) Revoked for at least one year

Violation (1) Second A-DWI in 10 years (E felony)(1)
Mandatory Fine (2) $1,000 – $5,000
Maximum Jail Time 4 years
Mandatory Driver License Action (3) Revoked for at least 18-months (5)

Violation (1) Chemical Test Refusal
Mandatory Fine (2) $500 civil penalty ($550 for commercial drivers)
Maximum Jail Time None
Mandatory Driver License Action (3) Revoked for at least one year, 18 months for commercial drivers.

Violation (1) Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal
Mandatory Fine (2) $750 civil penalty
Maximum Jail Time None
Mandatory Driver License Action (3) Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.

Violation (1) Chemical Test Refusal
Mandatory Fine (2) $300 civil penalty and $50 re-application fee
Maximum Jail Time None
Mandatory Driver License Action (3) Revoked for at least one year.

Violation (1) Zero Tolerance Law
Mandatory Fine (2)
Maximum Jail Time
Mandatory Driver License Action (3)

Violation (1) Chemical Test Refusal
Mandatory Fine (2) $750 civil penalty and $50 re-application fee
Maximum Jail Time None
Mandatory Driver License Action (3) Revoked for at least one year.

Violation (1) Second or subsequent Zero Tolerance Law
Mandatory Fine (2)
Maximum Jail Time
Mandatory Driver License Action (3)

Violation (1) Driving Under the Influence – (Out-of-State)
Mandatory Fine (2) N/A
Maximum Jail Time N/A
Mandatory Driver License Action (3) Revoked for at least 90 days. If less than 21 years of age, revoked at least one year.

Violation (1) Driving Under the Influence – (Out-of State) with any previous alcohol-drug violation
Mandatory Fine (2) N/A
Maximum Jail Time N/A
Mandatory Driver License Action (3) Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).

Violation (1) Third DWAI/Combination in 10 years (D felony)(1)
Mandatory Fine (2) $2,000 – $10,000
Maximum Jail Time 7 years
Mandatory Driver License Action (3) Revoked for at least one year/18 months (4,5)

Violation (1) Driving While Ability Impaired by Alcohol (DWAI)
Mandatory Fine (2) $300 – $500
Maximum Jail Time 15 days
Mandatory Driver License Action (3) Suspended for 90 days

Violation (1) Second DWAI violation in 5 years
Mandatory Fine (2) $500 – $750
Maximum Jail Time 30 days
Mandatory Driver License Action (3) Revoked for at least six months

Violation (1) Zero Tolerance Law
Mandatory Fine (2) $125 civil penalty and $100 fee to terminate suspension
Maximum Jail Time None
Mandatory Driver License Action (3) Suspended for six months

Violation (1) Second Zero Tolerance Law
Mandatory Fine (2) $125 civil penalty and $100 re-application fee
Maximum Jail Time None
Mandatory Driver License Action (3) Revoked for one year or until age 21

Violation (1) Third A-DWI in 10 years (D felony)(1)
Mandatory Fine (2) $2,000 – $10,000
Maximum Jail Time 7 years
Mandatory Driver License Action (3) Revoked for at least 18-months (4,5)

Violation (1) Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)
Mandatory Fine (2) $500 – $1,000
Maximum Jail Time 1 year
Mandatory Driver License Action (3) DWI-Revoked for at least six months

Violation (1) Driving While Impaired by a Drug (DWAI-Drug)
Mandatory Fine (2) $500 – $1000
Maximum Jail Time 1 year
Mandatory Driver License Action (3) DWAI-Drugs – Suspended for at least six months

Violation (1) Second DWI/DWAI-Drug violation in 10 years (E felony)(1)
Mandatory Fine (2) $1,000 – $5,000
Maximum Jail Time 4 years
Mandatory Driver License Action (3) Revoked for at least one year

Violation (1) Third DWI/DWAI-Drug violation in 10 years (D felony)(1)
Mandatory Fine (2) $2,000 – $10,000
Maximum Jail Time 7 years
Mandatory Driver License Action (3) Revoked for at least one year (4)

Violation (1) Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)
Mandatory Fine (2) $500 – $1,000
Maximum Jail Time 1 year
Mandatory Driver License Action (3) Revoked for at least six months

Violation (1) Second DWAI/Combination in 10 years (E felony)(1)
Mandatory Fine (2) $1,000 – $5,000
Maximum Jail Time 4 years
Mandatory Driver License Action (3) Revoked for at least one year/18 months (5)

With the following extra’s to think about . . . .

  1. Even greater penalties can also apply if you have multiple alcohol or drug violations within a 10-year period.
    Don’t be a bozo, learn your lessons and learn them well!
  2. Substantial surcharges are added on to misdemeanors ($160) and for felonies ($270).
  3. The driver license penalties for drivers who are under the age of 21, and for those drivers of commercial motor vehicles and other professional drivers are different.
  4. Three or more alcohol or drug-related convictions (will you never learn?) or refusals within a 10 year period can result in permanent revocation, with a waiver request permitted after a minimum of 5 years.
  5. A driver who has an Aggravated DWI violation conviction within the previous 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.

You have been warned. Don’t do it, it’s stupid on so many different levels!

I sure hope he was planning to walk stagger home!

Enhanced by Zemanta