Lockport, NY DWI Attorney
NEW IGNITION INTERLOCK REQUIREMENT: The most comprenhensive change to the DWI laws, since the prompt suspension rule was instituted, occurred this past August when the new rules pertaining to the requirement to install an ignition interlock breath testing device went into effect on August 15, 2010.
An ignition interlock device connects to a motor vehicle ignition system and measures the alcohol content in the breath of the operator. The device prevents the vehicle from being started until the motorist provides an acceptable breath sample, and will require further samples to be provided, at random periods, while the vehicle is in operation.
If ignition interlock is ordered by a court, the system must be installed on each vehicle the motorist owns or operates. The device must remain installed for at least six months. The ignition interlock restriction will be added to the driver license record even if the license is revoked. The restriction will appear on the back of the driver license document as "interlock device".
Installation of the ignition interlock device is mandatory when the court sentences a defendant to either a conditional discharge or to a period of probation on any alcohol-related offense which is either a misdemeanor or felony.
Courts and probation departments will direct convicted motorists to vendors for ignition interlock installation. The Web site of the Office of Probation and Correctional Alternatives provides details on ignition interlock device vendors and information from the manufacturers of the device.
Criminal charges arising from intoxicated and impaired driving violations continue to increase while at the same time the laws pertaining to these violations continue to become ever more restrictive. These laws not only affect the operators of motor vehicles on the highway, but also the operators of any vessels on the waterways of the State of New York.
Driving while intoxicated and driving while impaired charges can be further compounded if there is injury or death involved in the underlying incident and this in turn will lead to even more serious charges such as vehicular assault and vehicular manslaugher.
The attorneys at the law office of Jon Louis Wilson regularly appear in courts throughout western New York defending our clients in connection with Aggravated DWI, DWI, Driving While Ability Impaired by Alcohol (DWAI – alcohol), and Driving While Ability Impaired by Drugs (DWAI – drug). Our attorneys have developed great expertise in vigorously defending our clients on driving while intoxicated and driving while impaired charges, and we also regularly defend against charges of vehicular assault and vehiclular manslaugher.
While the best defense is to avoid driving while intoxicated, driving under the influence, or driving while one’s ability is impaired, there are times when a driver may find him or herself in the unfortunate position of being on the highway while intoxicated or impaired.
Winter weather in western New York only serves to compound the likelihood of a mishap if someone attempts to drive while intoxicated, impaired, or under the influence.
What follows is a Department of Motor Vehicles breakdown of current alcohol-related driving offenses together with the penalties that apply in each instance:
| Penalties for Alcohol-related and Drug-related Violations |
| Violation (1) |
Mandatory Fine (2) |
Maximum Jail Term |
Mandatory Driver License Action (3) |
| Aggravated Driving While Intoxicated (A-DWI) |
$1,000 - $2,500 |
1 year |
Revoked for at least one year |
| Second A-DWI in 10 years (E felony)(1) |
$1,000 - $5,000 |
4 years |
Revoked for at least 18-months (5) |
| Third A-DWI in 10 years (D felony)(1) |
$2,000 - $10,000 |
7 years |
Revoked for at least 18-months (4,5) |
| 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/DWAI-Drug violation in 10 years (E felony)(1) |
$1,000 - $5,000 |
4 years |
Revoked for at least one year |
| Third DWI/DWAI-Drug violation in 10 years (D felony)(1) |
$2,000 - $10,000 |
7 years |
Revoked for at least one year (4) |
| 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) |
$1,000 - $5,000 |
4 years |
Revoked for at least one year/18 months (5) |
| Third DWAI/Combination in 10 years (D felony)(1) |
$2,000 - $10,000 |
7 years |
Revoked for at least one year/18 months (4,5) |
| 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 |
| 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 $50 re-application fee |
None |
Revoked for at least one year. |
Chemical Test Refusal -
Second or subsequent Zero Tolerance Law |
$750 civil penalty and $50 re-application fee |
None |
Revoked for at least one year. |
| Driving Under the Influence - (Out-of-State) |
N/A |
N/A |
Suspended for 6 months. 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 |
Suspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
|
Generally speaking, successive violations result in more serious punishment. In addition to the foregoing fines, drivers who suffer a conviction for an alcohol-related driving violation, will be subject to mandatory surcharges ($160.00 upon a misdemeanor conviction and $270.00 upon a felony conviction) as well as a Driver Responsibility Assessment which levies an additional $250.00 per year for three years (this assessment must be paid or a further suspension of license privileges will result).
Multiple offenses will result in the potential for felony grade charges being filed against the motorist or vessel operator.
Special rules apply to operators who are driving while intoxicated, driving while ability is impaired, or driving under the influence and who are less than 21 years of age, or who possess a commercial driver’s license (CDL).
In addition to being cited for driving while intoxicated, driving while ability is impaired, or driving under the influence, operators will be subject to submitting to a chemical test to determine the blood alcohol content of their blood, breath, or urine, or the presence of drugs in their system, and, the refusal of such tests leads to separate sanctions which are set forth in the table above.
PLEASE CONTACT THE LAW OFFICE OF JON LOUIS WILSON FOR AN OBLIGATION FREE INITIAL CONSULTATION TO LEARN YOUR RIGHTS AND PROTECT YOUR LICENSE. |
