What if I get convicted of a drinking and driving offense?

Posted On: August 1st, 2012

Penalties associated with Drinking and Driving

DWAI

Driving While Ability Impaired is a violation. A person convicted of a Driving While Ability Impaired violation faces up to 15 days in jail, a 90 day license suspension, a fine between $300 and $500 as well as mandatory minimum court surcharge of $255.

DWI

DWI is a misdemeanor. Any person who operates a motor vehicle with a blood alcohol content .08 or greater will be charged with DWI. A person convicted of a first time DWI faces up to 1 year in jail or 3 years probation, a 6 month license revocation, a fine between $500 and $1000 as well as mandatory minimum court surcharge of $395.

Aggravated DWI

Aggravated DWI is a misdemeanor. Any person who operates a motor vehicle with a blood alcohol content .18 or greater will be charged with an Aggravated DWI. A person convicted of a first time Aggravated DWI faces up to 1 year in jail or 3 years probation, a 1 year license revocation, a fine between $1000 and $2500 as well as mandatory minimum court surcharge of $520.

DMV Consequences

Any person who is convicted of a Drinking Driving related offense faces a DMV Driver Assessment penalty of a $750 one time payment, or $250 a year payment for three years.

This does not include fees related to an ignition interlock device.

Consult With An Attorney

When faced with a painful and potentially life-altering legal situation, you want the best people on your team. Someone you can trust. An advocate that listens and becomes your voice. A dedicated, seasoned professional who genuinely cares and can provide guidance in a time of uncertainty.

If you have been charged with a criminal offense or you or someone close to you has been injured, contact LaMarche Safranko Law for a no-obligation consultation, or call (518) 982-0770. We have law offices in Albany, Clifton Park and Plattsburgh NY, and we are available to take your call 24 hours a day.

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LaMarche Safranko Law PLLC

LaMarche Safranko Law PLLC