CONSEQUENCES OF DRIVING WHILE ABILITY IMPAIRED, DWAI

A conviction for any violation of the New York State Vehicle and Traffic Law (VTL) section 1192 will result in various monetary and licensing consequences for the driver, and may even result in the driver’s incarceration. In addition, such a conviction will appear on the driver’s DMV driving abstract for 10years, will in most cases appear on his or hers DCJS record (i.e., rap sheet) for life, and will in all likelihood result in a substantial increase in his or her’s automobile insurance premiums for several years.

Specific consequences for Driving While Ability Impaired, DWAI (a reading of more than .05 BAC and less than .07 BAC, or other evidence of impairment), are set forth below:

 

Driving While Ability Impaired – First Offence

Driving While Ability Impaired, DWAI, in violation of VTL section 1192 (1) is a traffic infraction not a crime. A driver who is convicted of a DWAI as a first offense is subject to the following requirements:

1. A fine of between $300 and $500, up to 15 days in jail, or both.

2. Mandatory suspensions of his or her driver’s license for 90 days.

3. Discretionary suspension of his or her registration for 90 days.

4. A mandatory surcharge of $250. If the case is in either a Town or Village Court, the Court must add an additional $5 to this surcharge.

5. A mandatory victim assistance fee of $5.

6. If the driver has been found to have refused to submit to a chemical test a mandatory driver responsibility assessment of $250 a year for 3 years.

7. Discretionary imposition of a requirement that the defendant attend a single session of a Victim Impact Panel.

 

Driving While Ability Impaired - Second Offense

A driver who is convicted of DWAI after having been convicted of any violation of any subdivision of VTL 1192 within the preceding 5 years is subject to the following consequences:

1. A fine of between $500 and $750, up to 30 days in jail, or both.

2. Mandatory revocation of his or her’s driver’s license for at least 6 months. In addition DMV will require evidence of an alcohol evaluation and/or rehabilitation before it will relicense the driver.

3. Discretionary revocation of his or her registration for at least 6 months.

4. A mandatory surcharge of $250. If the case is either a Town or Village Court, the Court must add an additional $5 to this surcharge.

5. A mandatory crime victim assistance fee of $5

6. A mandatory driver responsibility assessment fee of $250 a year for 3 years.

7. Discretionary imposition of a requirement that the defendant attend a single session of a Victim Impact Panel.

In addition the driver will not be eligible for a conditional license.

If the date of the arrest for the second offence occurs more than 5 years after the date of the conviction for the first, a driver convicted of a second DWAI will be penalized as a first offender.

It is important to note that eligibility for a conditional license is based upon the date of the driver’s prior Drinking Driving Program completion, not the date of the prior conviction. Thus, a person again charged with a violation of VTL section 1192, more than 5 years after having been convicted of a violation of VTL 1192 but less than 5 years after having completed the Drinking Driver Program, will not be eligible for a conditional license.

 

Driving While Ability Impaired - Third Offense and Subsequent Offenses

A driver who is charged with DWAI after having been convicted of 2 or more violations of any subdivision of VTL section 1192 within the preceding 10 years can be charged with a misdemeanor, and if so charged, is subject to the following consequences:

1. A fine of between $750 and $1,500, up to 180 days in jail, or both.

2. A period of probation of 3 years.

3. Mandatory revocation of his or her driver’s license for at least 6 months.

4. Discretionary revocation of his or her registration for at least 6 months.

5. A mandatory surcharge of $370. If the case is in either a Town or Village Court, the Court must add an additional $5 to this surcharge.

6. A mandatory crime victim assistance fee of $25.

7. A mandatory driver responsibility assessment of $250 a year for 3 years.

8. Discretionary imposition of a requirement that the driver attend a single session of a Victim Impact Panel.

9. A mandatory requirement that the driver install and maintain a functioning interlock device in any motor vehicle that he or she owns or operates for at least 6 months.