Penalties for DWI
DWI and Related Offense Penalties
*unless injury involved
Both jail and fine are noT 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)