DWI charges and penalties on Long Island can vary based on the circumstances of each case. If you’ve been arrested for driving while drunk, it is important to understand the type of charge you may be facing. Speak with an experienced Long Island DWI lawyer before you make any decisions or agree to any plea.
A person is guilty of Driving While Ability Impaired by alcohol or DWAI if they operate a motor vehicle while their ability to do so is impaired to any extent by the consumption of alcohol. Under the law, a person is guilty of a DWAI if they drive a motor vehicle on a public highway after consuming alcohol and their ability to operate that motor vehicle as a reasonable and prudent driver is impaired to any extent.
A first offense Alcohol-DWAI charge is considered a traffic infraction — It is not a crime. In comparison, a first-offense conviction for a DWI, a Drugs-DWAI, and a Combination-DWAI are misdemeanor crimes.
A person who participates in a drug and alcohol rehabilitation program can be eligible for a conditional license while their license is suspended.
Additional penalties:
A second offense DWAI following a prior DWI- or DWAI-related conviction will carry the following penalties:
Alternatively, a judge can require the defendant to perform 30 days of community service instead of serving a prison sentence. Some defendants who attend a drug and alcohol rehabilitation program can get a conditional license. However, if a defendant has been convicted of an impaired driving offense in the last 5 years, they will not be eligible for the program, and consequently, the conditional license.
A defendant who has been convicted of a DWI or DWAI offense in the last 5 years or has a prior license revocation for refusing a chemical test can also be subject to a license revocation of 1.5 years in addition to the suspension.
To be eligible for registration for a new driver’s license, in replacement of their revoked one, the DMV requires defendants to be subject to the following:
As with the second offense, a defendant can avail of a conditional license provided that they have not been convicted of a DWI or DWAI offense in the last five years and did not refuse a chemical test for BAC. The defendant would have to attend a drug and alcohol rehabilitation program to be eligible for the conditional license to be able to drive during their suspension period.
A defendant who has been convicted of a DWI or DWAI offense in the last 5 years or has a prior license revocation for refusing a chemical test can also be subject to a license revocation of 1.5 years in addition to the suspension. This is in addition to paying a $750 civil penalty fee.
For a third-offense Alcohol-DWAI, the following penalties are mandatory. Failure to comply can result in additional license suspension:
Under New York’s laws, a person is considered Driving While Intoxicated (DWI) if:
A person is considered guilty of a Drug-DWAI offense if they operated a vehicle and:
A person is considered guilty of a Combination-DWAI offense if:
The full list of controlled substances can be found under New York State Public Health Law 3306.
Administrative Penalty: The court will suspend a defendant’s license while the criminal prosecution is pending if they were found to have a BAC of .08% or higher. The court will also suspend the defendant’s license if they refuse to take a chemical test. If the refusal is confirmed at the DMV hearing, the driver’s license will be revoked for a year and the defendant will have to pay a $500 civil penalty.
Unlike a first offense Alcohol-DWAI which is a traffic infraction, a first-offense conviction for a DWI is considered a misdemeanor crime.
Additional penalties:
Administrative Penalty: The court will suspend a defendant’s license while the criminal prosecution is pending if they were found to have a BAC of .08% or higher. The court will also suspend the defendant’s license if they had refused to take a chemical test. If the refusal is determined unlawful at the DMV hearing, the defendant’s license will be revoked for a year and the defendant will have to pay an additional $750 civil penalty.
The defendant can be subject to a license revocation of 1.5 years in addition to their license being suspended prior to the criminal hearing. If the defendant:
Criminal Penalty: A second conviction of a DWI within ten years is considered a Class E felony. A defendant may also be subject to the following penalties:
Additional penalties:
Administrative Penalty: The court will suspend a defendant’s license while the criminal prosecution is pending if they were found to have a BAC of .08% or higher. The court will also suspend the defendant’s license if they had refused to take a chemical test. If the refusal is determined unlawful at the DMV hearing, the defendant’s license will be revoked for a year and the defendant will have to pay an additional $750 civil penalty.
The defendant can be subject to a license revocation of 1.5 years in addition to their license being suspended prior to the criminal hearing. If the defendant:
Criminal Penalty: A third conviction of a DWI within ten years is considered a Class D felony. A defendant may also be subject to the following penalties:
Additional penalties:
A person is guilty of aggravated DWI if:
Compared to other impaired driving offenses, New York laws have more severe punishments for aggravated DWI.
Aggravated DWI per se is classified as a misdemeanor under New York’s driving laws. while Aggravated DWI with a child passenger is a class E felony.
A person convicted of a first-offense aggravated DWI will also be subject to the following penalties:
Both types of Aggravated-DWI are considered class E felonies if the defendant has been convicted of a DWI, Aggravated-DWI, Drug-DWAI, or Combination-DWAI within the last 10 years. In addition, the defendant will be subject to the following penalties:
Both types of Aggravated-DWI are considered class D felonies if the defendant has had two prior convictions of a DWI, Aggravated-DWI, Drug-DWAI, or Combination-DWAI within the last 10 years. In addition, the defendant will be subject to the following penalties:
Regardless of whether the defendant has had a previous conviction, they will also be subject to the following penalties:
Offense | Mandatory Fine | Maximum Jail Term | Mandatory Driver’s License Action |
---|---|---|---|
Alcohol-Driving While Ability Impaired (DWAI) First Offense | $300 – $500 | 15 Days | Suspended for 90 days |
Alcohol-Driving While Ability Impaired (DWAI) Second Offense | $500 and $1,000 | 30 Days | Suspended for 6 months |
Alcohol-Driving While Ability Impaired (DWAI) Third and Subsequent Offenses | $750 and $1,500 | 180 Days | Suspended for 6 months |
Driving While Intoxicated (DWI), Drug-DWAI, Combination-DWAI First Offense | $500 to $1,000 | 1-4 Years | Revoked for 6 months |
Driving While Intoxicated (DWI), Drug-DWAI, Combination-DWAI Second Offense | $1,000 to $5,000 | 1-4 Years | Revoked for 1 year |
Driving While Intoxicated (DWI), Drug-DWAI, Combination-DWAI Third and Subsequent Offenses | $2,000 to $10,000 | 1-7 Years | Permanent Revocation if three impaired driving convictions, refusals, or combination of convictions and refusals within a 4-year period. |
In an effort to enhance New York’s anti-drunk driving laws, lawmakers have been encouraged to adopt a series of measures proposed by Mothers Against Drunk Driving (MADD). One key provision involves reducing the driving while intoxicated (DWI) threshold from 0.08% to 0.05% blood alcohol content (BAC), which MADD believes could lead to a decrease in roadway fatalities.
The proposed legislation aims to build on existing DWI laws, such as mandating ignition interlocks for convicted drunk drivers and classifying a DWI with a child passenger as a felony. MADD’s appeal to state legislators follows an observed increase in drunk driving incidents during the COVID-19 pandemic, as well as a rise in drunk driving-related deaths from 256 to 283 before the crisis began.
In addition to lowering the DWI threshold, MADD is pushing for a more robust ignition interlock law, applicable to a larger number of drivers convicted of DWI. The group also advocates for new regulations addressing impaired driving in light of the state’s legalization of recreational cannabis, as well as keeping pace with synthetic and designer drugs.
Notably, no new DWI laws were introduced in New York in 2022, emphasizing the importance of implementing these stricter measures to combat drunk driving and improve road safety.
If you have been charged with a DWI in Nassau County or Suffolk County, we may be able to help. Experienced DWI attorney Edward Palermo has provided quality legal representation and counsel to Long Island residents charged with impaired driving offenses. At Edward Palermo Criminal Defense, our qualified DWI attorneys can conduct a strategic and comprehensive study of your case. Contact us today at (516) 280-2160 or (631) 265-1052 to schedule a free consultation with one of our qualified Long Island DWI attorneys.