The Long Island Law Offices Of  Brunetti & Ascione PLLC. Specialists in DWI Defense Law on Long Island

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DWI And Related Offense - Penalties

Offense

Penalties

 

Fine

Max. Jail

Suspension/ Revocation

       

Driving While Impaired 
VTL 1192.1

     

1st Offense

$300-$500

15 Days

  90 Day Suspension

2nd Offense w/ in 5 years

$500-$750

30 Days

  6 Month Revocation

3rd Offense w/ in 5 years

$750-$1,500

180 Days

  6 Month Revocation

       

Driving While Intoxicated 
VTL 1192.(2)(3) 
VTL 1192.4 
Impaired By Drugs

     

1st Offense

$500-$1,000

1 Year

 6 Month Revocation 

     

 VTL 1193-2(b)(2) 

       

Felony DWI
VTL 1193-2(b)(2) 
 1193-1(c) (Excludes Priority.0.) VTL 1192.(2)(3)(4)

     

2nd Offense

$1,000-$10,000

7 Years

 1 Year Revocation

     

 *unless injury involved

       

Note:  Both jail and fine are no longer mandatory for felony DWI, VTL 1193.1(c).

Suspension pending prosecution- where charge is 1192 (2) (3) (4) and same conduct gives rise to charge of vehicular assault, or manslaughter PL 120, 125 or if there is a prior 1192 conviction in the past five years.
           
Revocation upon refusal to submit- hearing required within 15 days of arraignment 1192-2 (2)(c). Finding of refusal results in minimum 1 year revocation 1194-2 (2)(2)(d). 

In addition, civil penalties may be imposed for such refusal. Operators under 21 years of age or operators with commercial license  may face greater periods of revocation, 1193-2 (b),(5,6), 1194-2 (d) (1) (b). *Mandatory 

  • These are court imposed revocations. If 3 or more convictions within 10 years, DMV extends waiting period for re-licensure 6 months for each alcohol related incident.

  • Both jail time and fine are no longer mandatory for felony DWI. VTL 1193.1(c)

  • Motorist under 21 of age or operators with a commercial license may face greater periods of revocation.

Suspension Pending Prosecution
Where BAC is .08 or more: 30 days or until disposition of case whichever is more. Motorist can apply for Hardship Privilege license, and pre-conviction conditional license after thirty days.

Where charge is 1192.(2)(3) or (4) and same conduct gives rise to charge of Vehicular assault, or manslaughter, PL 120, 125 or where there is a prior 1192 conviction within preceding 5 years. No possibility of pre-conviction conditional license after thirty days. VTL 1193(2)

 

For More Information And To Schedule a Free Consultation Call Our Office: 1 516 794-3500
CHECK OUT OUR DEFENSE LAWYERS CREDENTIALS

 

A DWI Defense Lawyer Can Be Reached 
24 Hours A Day - 7 Days A Week In Case of an Emergency.
 
WE HAVE TWO CONVENIENT LONG ISLAND DWI DEFENSE LAWYER OFFICES:

Nassau County Office for a Nassau County DWI Lawyer

Suffolk County Office for a Suffolk County DWI Lawyer

 
170 Old Country Road, Suite 610
Mineola, New York 11501
Phone: 516-794-3500
490 Main Street,
Northport, New York
 
 

( BY APPOINTMENT ONLY )

The Law Offices of 

Brunetti & Ascione PLLC

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New York State DWI Defense Lawyers. Lawyers for a DWI criminal defense in NY, Nassau County, Brooklyn, Queens, NYC and Suffolk County. WE ARE DWI DEFENSE ATTORNEYS. A FIRM OF EXPERIENCED DUI DEFENSE LAWYERS. DUI DEFENSE COUNSEL. We do criminal defense as DUI attorneys. Full staff of DWI lawyers and dui attorney, drunk driving attorney, drunk driving lawyers, drunk driving, DWI, DWI attorney, DWI attorneys, OUI attorney, OUI lawyer, OWI lawyer, OWI attorney, criminal defense, criminal defense attorney, criminal defense lawyer