D.W.I. Link Newsletter

Volume 40 - November 2006
A monthly newsletter devoted to Driving While Intoxicated law in New York State

---------------THIS MONTH'S TOPIC---------------
New Driving While Intoxicated Fines and Penalties Chart: Effective Nov. 1, 2006

Offense Mandatory Minimum and Maximum Fines Maximum Jail Term Mandatory Penalties to License
Driving While Ability Impaired (VTL § 1192[1])(1)
First Conviction $300 - $500(2)(3)(6) 15 days 90 day suspension
Second Conviction within 5 years of a conviction for ADWI, DWI or DWAI $500 - $750 30 days Revoked at least 6 months
Third Conviction within 10 years $750 - $1,500 90 days Revoked at least 6 months
Driving While Intoxicated (VTL § 1192[2] and [3])(1)
First Conviction (Misdemeanor) $500 - $1,000(4)(6) 1 year Revoked at least 6 months
Second Conviction within 10 years (prior ADWI or DWI) (E Felony) $1,000 - $5,000(5)(6) 4 years Revoked at least 1 year (18 months if prior conviction is for ADWI)(7)
Third Conviction within 10 years (prior ADWIs and/or DWIs) (D Felony) $2,000-$10,000(5)(6) 7 years Revoked at least 1 year (18 months if at least one prior conviction is for ADWI)(7)
Aggravated Driving While Intoxicated (VTL § 1192[2-a])(1) (.18% or greater BAC)
First Conviction (Misdemeanor) $1,000-$2,500(4)(6) 1 year Revoked at least 1 year
Second Conviction within 10 years (prior ADWI or DWI) (E Felony) $1,000 - $5,000(5)(6) 4 years Revoked at least 18 months(7)
Third Conviction within 10 years (prior ADWIs and/or DWIs) (D Felony) $2,000-$10,000(5)(6) 7 years Revoked at least 18 months(7)

* This chart only sets forth court imposed sanctions; separate and additional sanctions may also be imposed by the Department of Motor Vehicles.

(1) All convictions under Vehicle & Traffic Law section 1192 require the payment of a Driver Responsibility Assessment to the Department of Motor Vehicles in the amount $250 per year for 3 years in addition to the mandatory fines set forth in this chart
(2) First alcohol or drug-related violation by a driver under the age of 21: 1 year revocation
Second alcohol or drug-related violation by a driver under the age of 21: revocation until age 21 or 1 year, whichever is longer
(3) $75.00: State mandatory surcharge which is in addition to mandatory fines
(4) $185.00: State mandatory surcharge which is in addition to mandatory fines
(5) $295.00: State mandatory surcharge which is in addition to mandatory fines
(6) Chemical Test Refusal Revocation: $500 civil penalty
Chemical Test Refusal with prior refusal or alcohol-related violation within five years: $750 civil penalty, see VTL § 1194
(7) Additional licensing penalties may arise if the prior offenses occurred within 4 years of the current offense


If readers have any additional questions regarding alcohol counseling, they are invited to contact Mr. Arevalo at the Village Counseling Center, the Village Counseling Center, 3580 Harlem Road, Suite 2, Cheektowaga, New York 14215-2045, (716) 832-8231 for further information.

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© Michael S. Taheri, Esq., and James F. Orr. All rights reserved, however, no right is claimed to governmental works.

This newsletter does not offer specific legal advice. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. If you have any questions or would like a specific topic covered in the newsletter, please contact Michael S. Taheri, Esq., or Peter J. Todoro, Esq., at Taheri & Todoro, PC, 388 Evans Street, Williamsville, NY 14221, telephone no. (716) 633-0374, e-mail: lawyers@taheriandtodoro.com


                                                                                                                                                                                                                               


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