Rochester, New York Jail Time and Criminal Fine Guidelines For DWI
Driving While Intoxicated (DWI) is considered a serious crime in Rochester, New York. The penalties include the loss of driving privileges, stiff fines and in some circumstances, jail time. There are numerous alcohol and drug related traffic violations in the State of New York. Here’s a quick review of the violations:- DWI in NY: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
- Aggravated DWI in NY: Aggravated Driving While Intoxicated: .18 BAC or higher.
- DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
- DWAI/Drug in NY: Driving While Ability Impaired by a single Drug other than alcohol.
- DWAI/Combination in NY: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.
- Refusing A Chemical Test(Breathalyzer or other test): A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a commercial driver) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license taken away for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If you’re under age 21, and refuse a chemical test during the five years after a DWI-related charge or previous refusal, you will have your driver license revoked for at least one year or until age 21, whichever is longer – And you have to pay a $750 civil penalty to apply for a new driver license.
- NY Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law – see the New York State Zero Tolerance Law for more information.
AGGRAVATED DRIVING WHILE INTOXICATED A-DWI (.18 and higher Blood Alcohol Content [BAC]) | |||
CONVICTION | FINEONLY* | JAILSENTENCE | LICENSEACTION** |
1stOffense(Misdemeanor) | Minimum$1,000Maximum $2,500 | Upto 1 Year | Minimum1-year revocation |
2ndOffenseWithin 5 years(Class E Felony) | Minimum$1,000Maximum $5,000 | Upto 4 Years; minimum 5 days jail or 30 days of community service | Minimum18-month revocation |
3rdOffense or moreWithin 10 years(Class D Felony) | Minimum$2,000Maximum $10,000 | Upto 7 Years; minimum 10 days jail or 60 days of community service | Minimum18-month revocation** |
DRIVING WHILE INTOXICATEDDWI (.08 and higher Blood Alcohol Content [BAC] or other evidence ofintoxication)- OR – DRIVING WHILE ABILITY IMPAIRED BY A DRUG DWI-Drug | |||
CONVICTION | FINEONLY* | JAILSENTENCE | LICENSEACTION** |
1stOffense(Misdemeanor) | Minimum$500Maximum $1,000 | Upto 1 Year | Minimum6-Month Revocation |
2ndOffenseWithin 10 years(Class E Felony) | Minimum$1,000Maximum $5,000 | Upto 4 Years; minimum 5 days jail or 30 days of community service | Minimum1-Year Revocation, plus ignition interlock and alcohol assessment |
3rdOffense or moreWithin 5 years(Class D Felony) | Minimum$2,000Maximum $10,000 | Upto 7 Years; minimum 10 days jail or 60 days of community service | Minimum1-Year Revocation, plus ignition interlock and alcohol assessment |
2ndOffenseWithin 10 years(Class E Felony) | Minimum$1,000Maximum $5,000 | Upto 4 Years | Minimum1-Year Revocation |
3rdOffense or moreWithin 10 years(Class D Felony) | Minimum$2,000Maximum $10,000 | Upto 7 Years | Minimum1-Year Revocation |
DRIVINGWHILE ABILITY IMPAIRED BY A COMBINATION OF ALCOHOL OR DRUGS<span>DWAI-Combination | |||
CONVICTION<span> | FINEONLY* | JAILSENTENCE | LICENSEACTION** |
1stOffense(Misdemeanor) | Minimum$500Maximum $1,000 | Upto 1 Year | Minimum6-Month Revocation |
2ndOffenseWithin 5 years(E Felony) | Minimum$1,000Maximum $5,000 | Upto 4 Years | Minimum1-Year Revocation |
3rdOffenseWithin 10 years(D Felony) | Minimum$1,000Maximum $5,000 | Upto 7 Years | Minimum18-Month Revocation** |
DRIVINGWHILE ABILITY IMPAIRED BY ALCOHOL<span>DWAI (more than .05 up to .07 Blood Alcohol Content [BAC]) | |||
CONVICTION<span> | FINEONLY* | JAILSENTENCE | LICENSEACTION** |
1stOffense(Traffic Infraction) | Minimum$300Maximum $500 | Upto 15 Days | 90-DaySuspension |
2ndOffenseWithin 5 years(Traffic Infraction) | Minimum$500Maximum $750 | Upto 30 Days | Minimum6-Month Revocation |
3rdOffenseWithin 10 years(Misdemeanor) | Minimum$750Maximum $1,500 | Upto 180 Days | Minimum1-Year Revocationif current violation occurred within 5 years of previous violation** |
ZEROTOLERANCEDrivers Under 21 (DMV administrative finding of .02 to .07 BloodAlcohol Content [BAC]) | |||
CIVILPENALTY | LICENSEACTION | ADDEDFEE | |
1stOffense | Minimum$125 | 6-MonthSuspension | $100Suspension Termination Fee |
2ndOffense | Minimum$125 | 1-YearRevocation or until age 21, whichever is longer | $100Re-Application Fee |