Felony Offenses

If you are charged with DWI, Aggravated DWI, DWAI Drugs or DWAI Combined Influence and had been previously convicted of one of those offenses (or Vehicular Assault or Vehicular Manslaughter) within the past 10 years, you can be charged with a class E felony, and face the possibility of the following additional consequences:

• ∙ Up to 4 years in state prison;
• ∙ A period of probation of 5 years;
• ∙ A fine of between $1,000 and $5,000, a surcharge of $520, and a driver responsibility assessment of $250 per year for 3 years;
• ∙ Revocation of your driver’s license for at least 1 year. In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before it will ever relicense you;
• ∙ If you are sentenced to probation for one of these offenses, it is important to note that, while DMV will revoke your license for at least 1 year, the Court can also prohibit you from driving for the duration of your term of probation. If that is the case, DMV will not relicense you until you submit proof that this condition of probation has been removed by the Court;
• ∙ Discretionary revocation of your registration for at least 1 year;
• ∙ Attendance at the Victim Impact Panel; and
• ∙ Installation of a functioning ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.

It is also important to note that the period of revocation listed above is the minimum period, and based upon the driver’s prior record, might actually be much longer. Additionally, depending on the extent of the driver’s prior record, there are additional penalties that apply, such as minimum periods of jail or community service.
As the potential penalties increase, so does the need to retain the most qualified attorney possible. It is not unusual for the choice of attorneys to be the difference between a prison sentence and probation, or even between a felony conviction and a misdemeanor conviction.

If you are charged with DWI , Aggravated DWI, DWAI Drugs or DWAI Combined Influence and you had been previously convicted of one or more of those offenses (or Vehicular Assault in the 1st or 2nd degree or Vehicular Manslaughter) TWICE within the past 10 years, you can be charged with a class D felony, and face the following potential consequences:

• ∙ Up to 7 years in state prison;
• ∙ A period of probation of 5 years;
• ∙ A fine of between $2,000 and $10,000, a surcharge of $520, and a driver responsibility assessment of $250 a year for 3 years;
• ∙ Revocation of your driver’s license for at least 18 months. In addition, DMV will require evidence of alcohol rehabilitation before it will ever relicense you (note that while DMV will revoke your license for at least 18 months, the Court can also prohibit you from driving while you are on probation. If that is the case, DMV will not relicense you until you submit proof that this condition has been removed);
• ∙ Discretionary revocation of your registration for at least 1 year;
• ∙ Attendance at the Victim Impact Panel;
• ∙ and Installation of a functioning ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.

It is also important to note that the period of revocation listed above is the minimum period, and based upon the driver’s prior record, might actually be much longer. Additionally, depending on the extent of the driver’s prior record, there are additional penalties that apply, such as minimum periods of jail or community service.

As the potential penalties increase, so does the need to retain the most qualified attorney possible. It is not unusual for the choice of attorneys to be the difference between a prison sentence and probation, or even between a felony conviction and a misdemeanor conviction.

Important Changes to New York’s DWI Laws

In 2012, New York State’s Department of Motor Vehicles made changes to certain regulations that dramatically increase the sanctions for drivers with multiple convictions for the above offense and, in certain situation, other “serious driving offenses” (ie. traffic infractions which carry five or more points). For example, while a minimum revocation period for a D.W.I. conviction may have previously been six, twelve or eighteen months (depending on the timing of prior convictions), the new rules dictate that, depending on the number of prior offenses, drivers may now face additional “waiting periods” on their application for relicensure. These additional “waiting periods” may last two years, five years, or even result in a lifetime ban on relicensing. Additionally, if such a driver eventually gets their application approved, their license will have a restriction which mandates the installation of an ignition interlock device in any motor vehicle owned or operated by such person for this additional five year period.

Refusing the Test

In New York State, there are two primary consequences of refusing to submit to a breath or blood test. First, the refusal generally can be used against you at trial as what is commonly referred to as “consciousness of guilt” evidence. This can lead to the jury hearing testimony about the circumstances of your alleged refusal to take such a test, and would allow the prosecutor to argue that you refused to take the test because you knew you would fail it because you knew you were intoxicated or impaired by alcohol, drugs or a combination of the two. Second, the refusal is itself a civil violation which results in proceedings before a DMV Administrative Law Judge, and generally results in the revocation of the driver’s license and a civil penalty, otherwise known as a fine.
Like everything else involved with DWI-related offenses, these civil penalties can increase based upon your age, prior driving record, or the class of license you possess. It is also important to note that these civil penalties may be imposed even if the criminal charged were to eventually be dismissed in court, so you should speak with an experienced DWI attorney before the date set for your D.M.V. hearing. In additional to potentially avoiding some of these penalties, it may also be the only opportunity the driver will have to test the strength of the prosecution’s criminal case against them prior to having to decide whether it should be fought or plea bargaineed.

Conditional License

• ∙ A conditional license allows you to drive:
• ∙ To, from and during work;
• ∙ To and from the Drinking Driver Program and any related substance abuse treatment;
• ∙ To and from school;
• ∙ To and from probation;
• ∙ To and from DMV;
• ∙ To and from medical treatment;
• ∙ To and from your child’s school or day care provider; and
• ∙ For one 3-hour time period per week to run errands.
• ∙ The Drinking Driver Program

To be eligible for a conditional license, you must, among other things, be eligible for, and participate in, the Drinking Driver Program (“DDP”), and not have any VTL § 1192 convictions within the past 5 years.
The DDP is comprised of 7 sessions. The sessions are held once a week, and last between 2 to 3 hours — for a total of 16 hours. The DDP addresses traffic safety issues and how the consumption of alcohol and drugs relates thereto.
All participants in the DDP are screened for alcohol and/or drug abuse. If a potential problem is detected, you will be referred for further evaluation (which is done through a qualified private treatment provider of your choice). If such further evaluation determines that alcohol and/or drug treatment is recommended, you must complete such treatment before your full driver’s license will be restored.

Victim Impact Panel

Most people convicted of an alcohol-related offense are sentenced to attend a Victim Impact Panel. This is a program in which presentations are made concerning the harm caused by, and the impact of, driving while intoxicated. The presentations are generally made by people who have lost friends and/or family members as a result of alcohol- or drug-related accidents.