Westchester DWI Attorneys: Penalties

About Our Firm:  Joseph P. Villanueva, Attorneys At Law has represented hundreds of criminal defendants in Westchester County.  The firm has a successful trial record.  If you need an attorney, call them at 914-723-7900.

DWI Defense: If you are charged with a DWI, you can be facing either criminal or felony charges. If you are convicted, you can be sentenced to a length jail term, probation, and pay significant fines. An adult conviction will result in a permanent criminal record which cannot be sealed. 

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We frequently appear on behalf of DWI clients in Rockland County and Westchester County including Airmont Village Court, Chestnut Ridge Village Court, Clarkstown Town Court, Haverstraw Town Court, Hillburn Village Court, Nyack Village Court, Orangetown Town Court, Piermont Village Court, Ramapo Town Court, Sloatsburg Village Court, South Nyack Village Court, and Stony Point Justice Court.
 
DWI Laws and Penalties in Table Format from the NY Department of Motor Vehicles Subject to Change without Notice and to be used in conjunction with consultation with counsel.

AGGRAVATED DRIVING WHILE INTOXICATED A-DWI (.18 and higher Blood Alcohol Content [BAC])
CONVICTION	FINE ONLY*	JAIL SENTENCE	LICENSE ACTION**
1st Offense (Misdemeanor)	Minimum $1,000 Maximum $2,500	Up to 1 Year	Minimum 1-year revocation
2nd Offense Within 5 years (Class E Felony)	Minimum $1,000 Maximum $5,000	Up to 4 Years; minimum 5 days jail or 30 days of community service	Minimum 18-month revocation
3rd Offense or more Within 10 years (Class D Felony)	Minimum $2,000 Maximum $10,000	Up to 7 Years; minimum 10 days jail or 60 days of community service	Minimum 18-month revocation**
DRIVING WHILE INTOXICATED DWI (.08 and higher Blood Alcohol Content [BAC] or other evidence of intoxication) or DRIVING WHILE ABILITY IMPAIRED BY A DRUG DWI-Drug
CONVICTION	FINE ONLY*	JAIL SENTENCE	LICENSE ACTION**
1st Offense (Misdemeanor)	Minimum $500 Maximum $1,000	Up to 1 Year	Minimum 6-Month Revocation
2nd Offense Within 10 years (Class E Felony)	Minimum $1,000 Maximum $5,000	Up to 4 Years; minimum 5 days jail or 30 days of community service	Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
3rd Offense or more Within 5 years (Class D Felony)	Minimum $2,000 Maximum $10,000	Up to 7 Years; minimum 10 days jail or 60 days of community service	Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
2nd Offense Within 10 years (Class E Felony)	Minimum $1,000 Maximum $5,000	Up to 4 Years	Minimum 1-Year Revocation
3rd Offense or more Within 10 years (Class D Felony)	Minimum $2,000 Maximum $10,000	Up to 7 Years	Minimum 1-Year Revocation
DRIVING WHILE ABILITY IMPAIRED BY A COMBINATION OF ALCOHOL OR DRUGS DWAI-Combination
CONVICTION	FINE ONLY*	JAIL SENTENCE	LICENSE ACTION**
1st Offense (Misdemeanor)	Minimum $500 Maximum $1,000	Up to 1 Year	Minimum 6-Month Revocation
2nd Offense Within 5 years (E Felony)	Minimum $1,000 Maximum $5,000	Up to 4 Years	Minimum 1-Year Revocation
3rd Offense Within 10 years (D Felony)	Minimum $1,000 Maximum $5,000	Up to 7 Years	Minimum 18-Month Revocation**
DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL DWAI (more than .05 up to .07 Blood Alcohol Content [BAC])
CONVICTION	FINE ONLY*	JAIL SENTENCE	LICENSE ACTION**
1st Offense (Traffic Infraction)	Minimum $300 Maximum $500	Up to 15 Days	90-Day Suspension
2nd Offense Within 5 years (Traffic Infraction)	Minimum $500 Maximum $750	Up to 30 Days	Minimum 6-Month Revocation
3rd Offense Within 10 years (Misdemeanor)	Minimum $750 Maximum $1,500	Up to 180 Days	Minimum 1-Year Revocation if current violation occurred within 5 years of previous violation**
ZERO TOLERANCE Drivers Under 21 (DMV administrative finding of .02 to .07 Blood Alcohol Content [BAC])
	CIVIL PENALTY	LICENSE ACTION	ADDED FEE
1st Offense	Minimum $125	6-Month Suspension	$100 Suspension Termination Fee
2nd Offense	Minimum $125	1-Year Revocation or until age 21, whichever is longer	$100 Re-Application Fee

* Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance fee.

** For license revocations, the Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test. Three or more alcohol or drug-related offenses with 10 years can result in a permanent revocation, with a waiver request permitted after at least five years.

Mandatory Screening - If you are charged with or convicted of certain alcohol-related offenses, the courts will order alcohol screening and/or alcohol evaluation, prior to sentencing.

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