How to Get a DWI Dismissed in NY?
Getting a DWI charge dismissed in New York is not an easy task. Depending on the circumstances of the case, a defense attorney may be able to negotiate a plea deal with the prosecutor or challenge the evidence presented in court.
If you have been charged with a DWI in New York, there are several ways to get the charge dismissed. The most common way is to challenge the legality of the traffic stop or the accuracy of the breathalyzer test. Another way to get the charge dismissed is to prove that you were not impaired at the time of the arrest.
At Riebling & Payton, PLLC, we understand the complexities of New York DUI law and will work hard to protect your rights. Our attorneys will use their experience and knowledge to build a strong defense and get your charges dismissed.
Contact us today to discuss your case and get the best legal representation possible.
Types of DWI Violations in New York
- DWAI (Driving While Ability Impaired) by Alcohol
- DWI (Driving While Intoxicated) – First Offense
- Driving While Intoxicated (DWI) as a Class "E" Felony
- Driving While Intoxicated (DWI) as a Class "D" Felony
- Aggravated DWI (Driving While Intoxicated) – First Offense
- Driving While Ability Impaired (DWAI) by Drugs
- DWAI by a Combined Influence of Alcohol/Drugs
NY Penalties for for DWAI by Alcohol
Driving While Ability Impaired by Alcohol is a violation and not defined as a crime under NYS Law. However, a guilty plea or a conviction of Driving While Ability Impaired by Alcohol, may result in the following penalties or sentences:
- A fine of between $300 and $500 and/or up to 15 days in jail;
- Suspension of the driver's license for 90 days (unless you the person is under 21 or possess a Commercial Driver's License ("CDL"));
- A surcharge of $255 ( $260 if the case is in either a Town or Village Court);
- A driver responsibility assessment of $250 a year for 3 years;
- Required attendance of the Victim Impact Panel, such as Mothers Against Drunk Driving ("MADD"); and
- Required attendance and completion of the Drunk Driving Program ("DDP") administered by the New York State Department of Motor Vehicles.
DWI New York First Offense Penalties
Driving While Intoxicated (DWI) is a misdemeanor crime in New York. A guilty plea or a conviction of DWI will result in a lifetime criminal record and may include the following penalties or sentences:
- A fine of between $500 and $1,000, and/or up to 1 year in jail;
- A period of probation of 3 years;
- Revocation of your driver's license for a minimum of 6 months;
- Possible revocation of your registration for at least 6 months;
- A surcharge of $395 ($400 if the case is in either a Town or Village Court);
- A driver responsibility assessment of $250 a year for 3 years;
- Required attendance of the Victim Impact Panel, such as Mothers Against Drunk Driving ("MADD");
- Installation and maintenance of a functioning ignition interlock device in any motor vehicle that they own or operate during the term of probation or conditional discharge, and in no event for less than 6 months; and
- Required attendance and completion of the Drunk Driving Program ("DDP") administered by the New York State Department of Motor Vehicles.
Second DWI in NY Penalties
A person charged with DWI and has a prior conviction of either a DWI, Aggravated DWI, DWAI Drugs, or DWAI Combined Influence, in the prior 10 years, that person can be charged with felony DWI. A plea of guilty or a conviction of felony DWI will result in a lifetime felony criminal record and may include the following penalties or sentence:
- A fine of between $1,000 and $5,000, and/or up to 4 years in state prison;
- A 5 year period of probation;
- Revocation of the person's driver's license for at least 1 year. Note: DMV will require evidence of alcohol evaluation and/or rehabilitation before the person will be issued a new driver's license. Additionally, the Court may revoke the driver's license for one year, and if a person is also sentenced to probation then as part of their probation the person may be prohibited from driving while they are on probation;
- A surcharge of $520;
- A driver responsibility assessment of $250 a year for 3 years;
- Required attendance of the Victim Impact Panel, such as Mothers Against Drunk Driving ("MADD");
- Installation and maintenance of a functioning ignition interlock device in any motor vehicle that they own or operate during the term of probation or conditional discharge, and in no event for less than 6 months; and
- Required attendance and completion of the Drunk Driving Program ("DDP") administered by the New York State Department of Motor Vehicles.
Penalties for DWI as a Class D Felony in NY
A person who is charged with a DWI and has been convicted of either a DWI, Aggravated DWI, DWAI Drugs, or DWAI Combined Influence (or Vehicular Assault in the 1st or 2nd degree or Vehicular Manslaughter), on TWO PRIOR OCCASIONS within the previous 10 years may be charged with a more serious felony DWI. A plea of guilty or a conviction of this more serious felony DWI will result in a lifetime felony criminal record and include the following potential penalties or sentence:
- A fine of between $2,000 and $10,000, and/or up to 7 years in state prison;
- A period of probation of 5 years;
- Revocation of the person's driver's license for at least 18 months. Note: DMV will require evidence of alcohol evaluation and/or rehabilitation before the person will be issued a new driver's license. Additionally, the Court may revoke the driver's license for one year, if a person is also sentenced to probation then as part of their probation the person may be prohibited from driving while they are on probation;
- A surcharge of $520;
- A driver responsibility assessment of $250 a year for 3 years;
- Required attendance of the Victim Impact Panel, such as Mothers Against Drunk Driving ("MADD");
- Installation and maintenance of a functioning ignition interlock device in any motor vehicle that they own or operate during the term of probation or conditional discharge, and in no event for less than 6 months; and
- Required attendance and completion of the Drunk Driving Program ("DDP") administered by the New York State Department of Motor Vehicles.
Aggravated DWI NY First Offense Penalties
Aggravated Driving While Intoxicated (DWI) is a misdemeanor crime in New York. A plea of guilty or a conviction of Aggravated DWI as a misdemeanor will result in a lifetime criminal record and will include the following potential penalties or sentence:
- A fine of between $1,000 and $2,500, up to 1 year in jail, or both;
- A period of probation of 3 years;
- Revocation of your driver's license for at least 6 months;
- Discretionary revocation of your registration for at least 1 year;
- A surcharge of $395 ($400 if the case is in either a Town or Village Court);
- A driver responsibility assessment of $250 a year for 3 years;
- Required attendance of the Victim Impact Panel, such as Mothers Against Drunk Driving ("MADD");
- Installation and maintenance of a functioning ignition interlock device in any motor vehicle that they own or operate during the term of probation or conditional discharge, and in no event for less than 6 months; and
- Required attendance and completion of the Drunk Driving Program ("DDP") administered by the New York State Department of Motor Vehicles.
Penalties for DWAI Drugs in NY
If a person pleads guilty to or is convicted of DWAI drugs, the penalties are nearly identical to the penalties for DWI (see above). However, the major distinction is that if a person is convicted of DWAI Drugs the ignition interlock device requirement is not applicable.
DWAI by a Combined Influence of Alcohol/Drugs in NY
If a person pleads guilty to or is convicted of Driving While Ability Impaired by a Combined Influence of Alcohol/Drugs, the penalties are nearly identical to the penalties for DWI (see above). However, the major distinction is that if a person is convicted of Driving While Ability Impaired by a Combined Influence of Alcohol/Drugs the ignition interlock device requirement is not applicable.
Contact Riebling & Payton, PLLC to learn more about DWI laws in New York or schedule your FREE consultation.
