The State of New York takes alcohol and drug-impaired driving seriously. It’s important to understand the consequences after you’ve been charged with a DWI on Long Island. Here in New York, driving while intoxicated is a crime, but there are varying degrees of alcohol and drug-related charges, each with different charging criteria and penalties. What you are charged with and convicted of will determine your penalties and what ultimately happens to your license.
If you’re facing a DWI charge on Long Island, consulting with an experienced attorney can make a significant difference. Top-rated Long Island DWI lawyer Jason Bassett is well-versed in the strict regulations surrounding driving while intoxicated in New York and understands the severity of your case. Jason Bassett can offer personalized guidance and rigorous legal representation, helping mitigate potential penalties and work toward the best possible outcome for you. Contact the Law Offices of Jason Bassett, P.C. today at (631) 259-6060 to schedule a consultation.
What Defines a DWI?
In New York State, being charged with a DWI means that you have been charged with operating a passenger vehicle with a blood-alcohol level of .08 or higher or exhibited other evidence that you were intoxicated. If you were driving a commercial vehicle, that drops to .04 blood alcohol level.
Other variations of DWI charges are:
- Aggravated DWI — driving with a blood-alcohol level of .18 or higher
- DWAI/Alcohol/Driving While Ability Impaired by Alcohol — driving with a blood-alcohol level of more than .05 but less than .07
- DWAI/Drug — impairment by a single drug other than alcohol
- DWAI/Combination — impairment by a combination of drugs or alcohol
Penalties for any drug or alcohol-related conviction include some loss of your driving privileges. You can be facing either a suspension of your driver’s license (your driving privileges are temporarily taken away for a period of time at the end of which you can get them back by paying a suspension termination fee) or a revocation of your driver’s license (your driving are completely taken away for a period of time after which you have to re-apply for a driver’s license, which includes re-taking the written and driving tests). For a DWI first offense, you face a revocation lasting 6 months.
For any subsequent DWI within 10 years, the revocation lasts at least 18 months. Aggravated DWI carries a license revocation of 1 year with revocations of at least 18 months for a 2nd or 3rd Aggravated DWI within 10 years. For a first-time DWAI (Alcohol), there is a suspension for 90 days, but for another DWAI within 10 years, your driver’s license is revoked for at least 6 months.
Other penalties for driving under the influence of alcohol or drugs can include fines, probation, and even jail time. Fines can run from a couple of hundred dollars to $10,000, depending on the charges. Those who have had several previous convictions can face up to 7 years in jail. Your charges and penalties will also depend on other variables such as your age and whether you cooperated with a breathalyzer or other chemical test.
How Long Does a DWI Stay on Your License in NY?
In New York, if you are convicted of operating a motor vehicle under the influence of alcohol or drugs (DWI), this conviction will appear on your driving record for 15 years from the date of the conviction.
It’s important for drivers in New York to be aware of this duration because a DWI conviction carries not only immediate penalties but also long-term consequences. Keeping the conviction on your record for 15 years acts as a deterrent and potentially impacts various aspects of your life. For instance, the conviction can influence your car insurance premiums, as insurance companies may consider you a higher risk and could increase your rates accordingly. Moreover, it serves as a critical factor in any future legal or driving issues that may arise.
While the conviction remains visible for 15 years, repeat offenses are viewed more severely and can result in harsher penalties, including longer license suspensions or even permanent revocations, hefty fines, and possible jail time. Therefore, it’s crucial to adhere strictly to all traffic laws once you have a DWI on your record to avoid further complications.
Due to the implications of a DWI staying on your driving record in New York, it’s advisable to consult a Long Island DWI attorney to handle such charges effectively and potentially mitigate some of the long-term consequences on your license.
The Other Long-Term Consequences of a DWI
DWI charges can follow you for a very long time. These charges not only legally affect you and your driving privileges, but DWI convictions can also present problems in your future employment searches or even in finding housing. Whenever someone does a background search, criminal convictions such as a DWI will surface and may affect how potential employers or landlords see you.
Because DWI cases can be very complicated, you want the guidance of an experienced DWI attorney with you from the very beginning. A good attorney will know the laws as they relate to a DWI stop, the rules surrounding a proper arrest, how to challenge the evidence, and the strategies required for a good defense.
Penalties for DWI-Related Charges for CDL Holders
A person with a Commercial Driver’s License (CDL) is not allowed to operate a commercial vehicle with a BAC of 0.04% or higher. The penalties for people who are found to have violated this rule can be more severe compared to regular drivers. Additional punishments and penalties can include higher fines and permanent revocation of the driver’s license.
Other than the fines, a person convicted of refusing a chemical test is required to pay a minimum of $250 annual assessment fine. They will have to pay this fee for a total of 3 years as part of New York’s Driver Responsibility Program. The Federal Motor Carrier Safety Administration handles all regulations and penalties for commercial vehicle drivers who are facing charges of DWI/DWAI in the United States.
New York’s Consent Law states that a CDL holder gives consent to have their blood, breath, urine, or saliva tested for alcohol or drugs when a police officer conducts a traffic stop.
A CDL holder who is facing their first DWI-related charge will be required to pay a $550 civil penalty for commercial drivers. They must pay this fee before they reapply for a driver’s license. Their license will also be revoked for 18 months.
| DWI-Related Charge | Possible Penalties for CDL Holders |
|---|---|
| Operating a commercial vehicle with BAC ≥ 0.04% | Higher fines; Permanent revocation of driver’s license |
| Refusing a chemical test | Minimum $250 annual assessment fine for 3 years (part of New York’s Driver Responsibility Program) |
| First DWI-related charge | $550 civil penalty for commercial drivers; License revocation for 18 months |
Is Your License Suspended Immediately After a DUI?
If you find yourself involved in a DUI case, where you are accused of having a Blood Alcohol Content (BAC) of .08% or higher at the time of arrest, you should expect an immediate suspension of your driver’s license. This suspension usually takes place at your arraignment, which is your first court appearance where you can enter a plea.
If you choose to plead guilty to the DUI charge, your license will be suspended, but the suspension will be delayed for 20 days. This 20-day grace period allows you to enroll in the Drinking Driver Program (DDP), now called the Impaired Driver Program (IDP). By participating in the DDP/IDP, you have the opportunity to apply for a conditional license. So, by admitting guilt for the DUI, you may not necessarily face a complete prohibition from driving for a certain period.
On the other hand, if you plead not guilty to the DUI, your license will be immediately suspended for 90 days. You do have the right to request a suspension review, known as a Pringle hearing. During this hearing, your attorney can challenge the suspension by questioning potential procedural errors made by law enforcement or disputing the accuracy of the BAC level. If the Pringle hearing does not result in your favor, you still have the option to apply for a hardship privilege license, although obtaining one and winning a Pringle hearing are typically challenging. Additionally, if none of these options succeed, you can apply for a conditional license after a 30-day waiting period from your arraignment or Pringle hearing.
License Suspension and Revocation Under the Zero Tolerance Law
In New York, the Zero Tolerance Law is a critical measure aimed at curbing underage drinking and driving. This law targets individuals under 21 who drive with a Blood Alcohol Content (BAC) between 0.02% and 0.07%. Unlike adult drivers, where the legal limit is higher, any detectable alcohol level above 0.02% for underage drivers is unacceptable and leads to specific legal consequences.
Under this law, if an underage driver is found driving with a BAC within this range, they are not charged with Driving While Intoxicated (DWI). Instead, their case is handled by the Department of Motor Vehicles (DMV). The DMV conducts a hearing to decide the fate of the driver’s license.
For first-time offenders, the typical penalty is a license suspension for six months. This action serves as both a punishment and a deterrent, reinforcing the seriousness of underage drinking and driving. If the individual commits a second violation of the Zero Tolerance Law, the consequences become more severe. A second offense usually results in the revocation of the driver’s license for either one year or until they reach 21, whichever is longer.
It is crucial for young drivers and their guardians to understand these laws and the severe impact they can have on a young person’s driving privileges and future opportunities. A Long Island DWI attorney can provide guidance on legal options, potential defenses, and ways to minimize the consequences of a charge.
Why You Need a Good Legal Defense for DWI Charges
There are many legal defenses available to a driver who has been charged with DWI in New York. A good lawyer will know which ones apply to your case, understand critical timelines, and determine how best to represent you given your charges.
Even if an acquittal is unlikely, they may be able to have the charges reduced, argue for the minimum possible penalties, and help you apply for hardship driving privileges so that you are able to get to and from work or school, even if you are convicted.
If you have been charged with a DWI on Long Island, seek the advice of a Long Island DWI lawyer to understand your rights. Jason Bassett, Esq. has over 20 years of experience representing individuals who have been charged with a DWI on Long Island. Contact us at (631) 259-6060 to discuss your legal options and rights.