New York DWI Penalties

Additional Penalties Can Include Interlock Devices

Along with fines and jail time, there are several other possible sanctions you may face for a DWI conviction in New York.

Ignition Interlock Device

A New York judge can include an ignition interlock device as part of your sentence. This device will be placed on all vehicles owned by you for the period of license suspension or revocation. The device will also remain on your vehicle(s) once you regain your driving privileges for a period determined by the judge.

These devices are also commonly used as conditions of probation when you are placed on probation for a DWI.

You will be required to pay for the ignition interlock device. This cost is not considered part of your fines but is in addition to any fines and fees you were already sentenced to.

The Ignition Interlock devices work by requiring you to take a chemical breath test before your vehicle will start. This breath test ensures you have not been drinking. Once installed, your vehicle will not start until you have taken the test.

If you try to get around the interlock device and have someone else test for you, you could be charged with an additional misdemeanor offense for circumventing the device.

Chemical Test Refusal

If you refuse to take a breathalyzer or chemical test and are later found to have been under the influence, you face an additional 1 year license suspension and $500 fine.

If you refuse to take a chemical test and you have prior DWI convictions, criminal convictions, or refusals on your record, you can permanently lose your driver’s license. Although this revocation can be waived after a period of five years with no further convictions, a 5 year revocation could be detrimental to your career and your life!

Conditional Licenses

When your license has been suspended, you may be eligible for a conditional license. A conditional license allows you certain driving privileges. For instance, you may be allowed to drive to and from work with a conditional license.

The requirements for getting a conditional license begin with the DMV determining your suspension is eligible. At any time the court can block your conditional license. Once you have been approved you must complete the Drinking Driver Program before your conditional license is issued.

The Drinking Driver Program

You may be sentenced to this alcohol education class with the DMV by the judge. Also, if your license has been suspended and you want a conditional license, your participation in the Drinking Driver Program (DDP) is required.

The DDP is designed to help convicted drunk drivers evaluate their arrest and what led them to the charge. It teaches how to make better decisions and discusses alcohol dependency.

As a participator in the DDP you are responsible for the participation fees. These fees are not part of your fines as sentenced by the court. The amount of this fee depends on the agency where you take the program but all participators are required to pay a mandatory $75 to the DMV for enrollment.

Assessment and Treatment

The court may also order a drug and alcohol assessment to determine if you have a problem with drugs or alcohol. Depending on the results of this assessment, your sentence could include a period of treatment, either inpatient or outpatient, depending on the need.

DWI with a CDL (Commercial Driver’s License)

Your sentence will also be much higher if your DWI happened while you were operating a commercial vehicle with a CDL. Depending on the contents and size of the commercial vehicle you were driving you could be sentenced to a 3 year license suspension and a much harsher prison term and fines.

New York DWI laws and consequences can be quite complex and detailed. To know exactly what you are up against you should consult with a qualified attorney. Contact us to discuss your DWI charges today!

Ref: 7 N.Y.V.A.T. § 31

Get Help on New York DWI Penalties for Breath Test Refusal, and More

If you've been charged with a DWI offense in New York state, you need the advice of an experienced criminal defense lawyer. Call our New York law offices now to discuss the details of your case, and what penalties you are facing. We can also discuss possible defense options, and more.

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