The Law Offices of John Ferrara

What Are The Penalties Associated With A DWI Conviction?


For a first time aggravated DWI offense, the following penalties apply:

  1. Up to one year in jail; a fine of between $1000.00 and $2500.00; jail and a fine (note that the court does not have to impose a jail sentence).
  2. A mandatory surcharge of $370.00, crime victim assistance fee of $25.00 and a $5.00 town or village court surcharge.
  3. A driver assessment fee of $250.00 per year for three years (payable to DMV, not the court).
  4. Probation of either two or three years (note that the court is not required to impose a probationary sentence).
  5. Revocation of one’s driver’s license (or privilege to drive in New York) for at least one year. Some defendants are eligible for a conditional license that allows one to drive in limited circumstances.
  6. Discretionary revocation of one’s registration for at least one year.
  7. One night of attendance at the Crime Victim Impact Panel.
  8. Mandatory installation of the ignition interlock on any motor vehicle the defendant owns or operates for at least six months.
  9. A criminal conviction.

For a first offense DWI, the following penalties apply:

  1. Up to one year in jail; a fine of between $500.00 and $1000.00; jail and a fine (note that the court does not have to impose a jail sentence).
  2. A mandatory surcharge of $370.00, a crime victim assistance fee of $25.00 and a $5.00 town or village court surcharge.
  3. A driver assessment fee of $250.00 per year for three years (payable to DMV, not the court).
  4. Probation of either two or three years (note the court is not required to impose a probationary sentence).
  5. Revocation of one’s driver’s license (or privilege to drive in New York) for at least six months. Some defendants are eligible for a conditional license that allows one to drive in limited circumstances.
  6. Discretionary revocation of one’s registration for at least six months.
  7. One night of attendance at the Crime Victim Impact Pane
  8. Mandatory installation of the ignition interlock on any motor vehicle the defendant owns or operates for at least six months
  9. A criminal conviction.

For a first offense DWAI, the following penalties apply:

  1. Up to 15 days in jail; a fine of between $300.00 and $500.00; jail and a fine (note that the court does not have to impose a jail sentence).
  2. A mandatory surcharge of $250.00, a crime victim assistance fee of $5.00 and a $5.00 town or village court surcharge.
  3. A driver assessment fee of $250.00 per year for three years (payable to DMV, not the court).
  4. Suspension of one’s driver’s license (or privilege to drive in New York) for ninety days. Some defendants are eligible for a conditional license that allows one to drive in limited circumstances.
  5. Discretionary revocation of one’s registration for ninety days.
  6. One night of attendance at the Crime Victim Impact Panel.

Unlike aggravated DWI and DWI, DWAI is not a crime and therefore does not result in a criminal record.

Are There Any Alternative Programs Available For DWI Offenders In New York?

No.

What Sets Your Firm Apart In Handling DWI Cases?

I will spend time with you at the beginning of the case to learn the facts of your case and your priorities. I will then work diligently to protect what is most important to you, whether that be your freedom or your ability to get to work every day. I do not overpromise; these are tough cases with serious consequences that often we can only mitigate, not avoid. I will lay out for you in advance the choices that you have, the chances of success, my recommendations and the consequences of those choices as best as I can foresee them.

I try hard not to see your case as just a case. It is an event in the life of a person, often a tragic or difficult event. But it is not a defining event. You are much more than a person who had a DWI. I can sometimes use that to your advantage. But even if I cannot, I strive to see how this event fits into your life so that I can help you save what is most important to you, and get you past the many consequences of this event, so that you can return to your life as it was before your arrest.

For more information on Penalties For DWI Conviction, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 794-1303 today.

Call now for a Strategy Session
(845) 794-1303

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