DWI DUI and DWAI
DWI DUI and DWAI – If you received one of these charges, you need legal help immediately. Our law firm has assisted thousands of people reduce their charge.
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Driving while intoxicated is a crime. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions:
• the amount of alcohol you drink
• the amount of food you eat before or while you drink alcohol
• the length of time you drink alcohol
• your body weight
• your gender
There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.
What are the types of alcohol and drug-related violations in New York State?
• Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication
• Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher
• Driving While Ability Impaired by Alcohol (DWAI/Alcohol): more than .05 BAC but less than .07 BAC, or other evidence of impairment
• Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
• Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
• Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine)
• 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
What are the penalties for alcohol or drug-related violations?
In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.
Violation Mandatory Fine Maximum
Jail Term Mandatory Driver License Action
Aggravated Driving While Intoxicated (AGG DWI) $1,000 – $2,500 1 year Revoked for at least one year
Second AGG DWI in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least 18 months
Third AGG DWI in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least 18 months
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) $500 – $1,000 1 year DWI – Revoked for at least six months
DWAI-Drugs – Suspended for at least six months
Second DWI or DWAI-Drug violation in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least one year
Third DWI or DWAI-Drug violation in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least one year
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) $500 – $1,000 1 year Revoked for at least six months
Second DWAI-Combination in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least one year
Third DWAI-Combination in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least one year
Driving While Ability Impaired by Alcohol (DWAI) $300 – $500 15 days Suspended for 90 days
Second DWAI violation in 5 years $500 – $750 30 days Revoked for at least six months
Third or subsequent DWAI within 10 years (Misdemeanor) $750 – $1,500 180 days Revoked for at least six months
Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None Suspended for six months
Second Zero Tolerance Law $125 civil penalty and $100 re-application fee None Revoked for one year or until age 21
Chemical Test Refusal $500 civil penalty ($550 for commercial drivers) None Revoked for at least one year, 18 months for commercial drivers.
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal $750 civil penalty None Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.
Chemical Test Refusal –
Zero Tolerance Law $300 civil penalty and $100 re-application fee None Revoked for at least one year.
Chemical Test Refusal –
Second or subsequent Zero Tolerance Law $750 civil penalty and $100 re-application fee None Revoked for at least one year.
Driving Under the Influence (Out-of-State) N/A N/A Revoked for at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence (Out-of State) with any previous alcohol-drug violation N/A N/A Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).
• greater penalties can also apply for multiple alcohol or drug violations within a 25-year period
• surcharges are added to alcohol-related misdemeanors ($260) and felonies (generally $400, but varies slightly depending on court of conviction)
• three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years
• a driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also, a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation
• a driver convicted of an Aggravated DWI, DWI, DWAI/Drug, DWAI/combination, vehicular assault and aggravated vehicular assault, or vehicular manslaughter and vehicular homicide three or more times in the preceding 15 year period is guilty of a Class D felony.
Don’t go to court yourself. We handle Nassau County traffic tickets in New York.
Let our lawyers help you get you a lower the fine and lower points on your license.
There is no fee to call our law firm to discuss your situation.
Why our law firm?
- Decades of experience
- Highly Skilled and Experienced Attorney
- Fights to Protect Each Client’s Rights
- Attorney Answers the Phone and Provides Consultations
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- Open on Holidays
- Appointments Available
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Accumulating too many points on your license for traffic violations can result in serious penalties.
We will aggressively fight each traffic ticket to help you avoid points and the loss of your driving privileges.
Protect Your Driving Privileges! Did you know that when you pay a ticket you are pleading guilty?
Some traffic violations can have very serious repercussions.
Depending on the nature of the traffic violation, some of the potential penalties you could face include:
- Auto insurance rate hikes
- Driver’s license suspension
Below are some common traffic tickets issued in this County
Speed Restrictions – Article 30
1180 (a) Speed not reasonable/prudent
1180 (d) Speeding in excess of posted limits
1181 (a) Impeding traffic – driving too slowly
1182 1 Unauthorized speed contest (drag race)
Special Stops – Article 29
1172 (a) Disobeyed stop sign
1172 (b) Failed to stop for yield sign when required
1173 Failed to stop – emerging from alley, driveway, private road, or building
1174 (a) Passed stopped school bus/lights flashing
1174 (b) Failed to keep school bus halted/lighted
1175 Entered intersection when room unavailable (gridlock)
Turning at Intersections – Article 28
1160 (a) Improper right turn
1160 (b) Improper left turn (two-way)
1160 (c) Improper left turn (one-way)
1160 (d) Failed to turn as required
1161 U-turn at grade/curve
1162 Moved stopped vehicle unsafely
1163 (a) Improper/unsafe turn
1163 (b) Failed to signal for turn
1163 (c) Failed to signal when stopping
1163 (e) Failed to use emergency flashers
1164 (b) No directionals – certain vehicles
1166 (a) Improper right turn off roadway
1166 (b) Improper left turn off roadway
1166 (c) Improper left turn (one-way) off roadway
Right of Way – Article 26
1140 (a) Fail to yield approaching intersection
1140 (b) Driver on left failed to yield in intersection
1141 Fail to yield – left turn
1142 (a) Fail to stop – stop sign/failed to yield
1142 (b) Fail to yield – yield sign
1143 Fail to yield – entering roadway
1144 (a) Fail to yield to author. emergency vehicle
1145 Fail to yield at traffic circle
1146 Fail to exercise due care to avoid collision with bicyclist, pedestrian, or domestic animal
1151 (a) Fail to yield to pedestrian in crosswalk
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