New York DWI laws can be difficult to understand. The New York Code on Vehicle and Traffic Law sets forth a complicated scheme of DWI fines that many drivers might not understand until it is too late. Fortunately, there are several online DWI resources that can help drivers understand DWI fines. The fine in each individual case cannot be predicted with absolute certainty, and it is always best to consult an attorney. However, the basic penalty guidelines are good indicators of the potential fines for a DWI conviction.
The New York Department of Motor Vehicle’s Website breaks down DWI fines in a comprehensive table. The table illustrates that under the New York Code, fines are assessed based on a variety of factors. Such factors include the allegedly intoxicated driver’s Blood Alcohol Content (BAC); the driver’s DWI record; and the driver’s age. “Drunk driving” charges are broken down into several categories based on the driver’s BAC level: A driver that blows between 0.05% and 0.07% (or otherwise is impaired) is charged with Driving While Ability Impaired (DWAI), while drivers who blow a 0.08% or above are charged with Driving While Intoxicated (DWI). Drivers with a BAC level of .18% or higher are subject to an even harsher penalty for Aggravated DWI. It is important to note that in New York State, drivers under 21 years of age are also subject to fines for blowing a BAC of between 0.02% and 0.05% under the “Zero Tolerance” law.
The monetary penalty schedule starts with the highest DWI charge, Aggravated DWI (A-DWI). The minimum penalty for a first A-DWI offense is $1,000-$2,000; a second A-DWI in 10 years requires a penalty of $1,000-$5,000; a third A-DWI offense corresponds to a fine between $2,000 and $10,000. Next, the schedule establishes penalties for DWI/DWAI offenses and DWI/DWAI combination offenses, including drugs other than alcohol. A first violation in both cases requires a fine between $500 and $1,000; a second violation in 10 years requires a fine between $1,000 and $5,000; and third violation in 10 years corresponds to a fine between $2,000 and $10,000. A first DWAI violation involving alcohol only corresponds to a fine between $300 and $500. A second such violation within seven years corresponds to a $500-$700 fine. A first “Zero Tolerance” violation corresponds to a $125 civil penalty and $100 fee to terminate license suspension, a second violation requires the payment of the same fine.
Privately owned DWI resource DMV.org notes that in New York State, additional penalties apply to drivers who refuse chemical tests. The source also comments that in addition to Court-imposed penalties for DWI violations, the Department of Motor Vehicles also fines DWI violators $250 per year for three years as part of its Driver Responsibility Program.
Paying DWI penalties can be financially burdensome and embarrassing. While the DWI resources mentioned above can assist those charged with violating DWI laws get a general idea of the monetary penalties they may face, it is best to consult an experienced attorney who can help understand each unique case. If you have been charged with violating DWI laws, contact Nave DWI Defense Attorneys at 1-866-792-7800.
Disclaimer: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.