Legal Practice Areas
- Appellate Law
- Article 78 Proceedings
- Criminal Law
- Traffic Tickets (VTL)
|Penalties for DWI and DWAI|
The consequences for any drinking and driving related offense, even DWAI are harsh. Through fines, surcharges, assessments, increases in insurance premiums, suspension or revocation of your license and even jail or prison terms the DWI/DWAI offense is very serious. Given these potentially harsh consequences, the assistance of an experienced attorney is critical. If you are facing an alcohol related motor vehicle offense, call DWI Attorney Matthew C. Hug at (518) 283-3288.
DWAI (First Conviction)
This is a traffic infraction and not a crime. However, the penalties for a DWAI conviction are nevertheless, quite harsh. You can be fined up to $500.00 and receive up to 15 days in jail; a driver's responsibility assessment of $250.00/year for 3 years; your license will be suspended for 90 days and you will be required to attend the victim impact panel (VIP). As a first time offender, you will most likely be eligible for a conditional license if you participate in the Drinking Driver Program.
DWAI (Second Conviction)
If you are convicted for DWAI within five years of being convicted of DWI, DWAI or DWAI Drugs, you will face a stiffer punishment than a first time offender. To that end, you can be fined up to $750.00 and receive a jail sentence of up to 30 days; your driver's license will be revoked for six months; you will have to pay the driver responisibility assessment of $250.00/year for 3 years; and you will have to attend the Victim Impact Panel. Unlike a DWAI, you will not be eligible for a conditional license and will only be able to secure a return of your driving privilege if you have undertaken an alcohol evaluation and rehabilitation (if required).
DWI (First Conviction)
Unlike most DWAI convictions, this is a crime that will result in a criminal record. Fines, surcharges and assessments can cost you up to $1,940.00; in addition you can be sentenced to up to a year in jail; probation for 3 years; revocation of your driver's license for 6 months; and mandatory attendance at a victim impact panel. In certain circumstances you may be eligible to receive a conditional license if you take the Drinking Driver Program.
DWI (Second Conviction)
If charged with a DWI within 10 years of a DWI or DWAI Drugs conviction, you can be charged with Felony DWI. There is the possibility that you will be able to plead to a misdemeanor DWI under these circumstances and, if so, you can face fines, surcharges and assesments of up to $1,940.00; in addition, you can be sentenced to up to a year in jail; three years probation; revocation of your license for one year; and attendance at the victim impact panel. You will only be potentially eligible for a conditional driver's license if your previous DWI or DWAI drugs conviction is more than 5 years old.
If you are unable to reduce the above to a misdemeanor, you will face an E felony. Fines, surcharges and assesments can reach $6,045.00; in addition you can be sentenced to up to four years in state prison; five years probation (terms of probation can include that your driver's license remains revoked for the entire period); revocation of your driver's license for one year; and attendance at the victim impact panel. There are additional mandatory penalties in certian circumstances. To that end, you can also be charged with a D felony if you have been convicted twice within the previous 10 years. The potential penalties for D level felony DWI are exceedingly harsh.
If charged with DWAI, DWI or Felony DWI in Albany, Rensselaer, Saratoga, Schenectady, Warren, Washington, Columbia or Greene Counties, call DWI Attorney Matthew C. Hug, at 518.283.3288 for a free initial consultation.