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Understanding DWI Penalties In Western New York

DWI Penalties - Fines & Sentence Guidelines For DWI Charges In Western New York: Your fine / sentence depends on the specific DWI Charges brought against You. How To Reduce Your Penalty, Keep Your License, Avoid Jail...


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Judges Gavel
The court will consider all the legal guidelines and precedents, then weigh all available information about you and your case before deciding on your penalty.

DWI Penalties - Fines & Sentences For DWI In Western New York

Have you recently been arrested for DWI in Western New York? If so, you will soon be meeting with a Prosecutor in one of our local WNY courts, and you will want to understand how the Charges against you may be reduced.

The Prosecutor will be aware of the details of your arrest and will be assembling the Drunk Driving case against you. He or she will consider any mitigating information that you can offer, before settling the full severity of your charges. If we can reduce your DWI charges we will moderate your fine / sentence.

Be aware that the Western New York Courts treat DWI cases very seriously, and if your case is not handled correctly you may be prosecuted to the maximum extent that the law allows! We have posted some general information about DWI Charges and DWI Penalties on this website. Since every case is different, this information should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.


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DWI Jail Sentence
An experienced DWI Defense Lawyer will make a strong case for the court to moderate your penalty reducing your fine and/or avoiding jail time.

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Managing Your DWI Defense In WNY

Reduce Your Penalty, Keep Your License, Avoid Jail

The DWI penalty that you will be given is not decided until your day in court. The court will review the legal guidelines and weigh all the information about you and your case that is available, before settling on the most appropriate penalty. In general, Your DWI penalty will primarily depend upon 2 factors:
1. Your Final Drunk Driving Charges (see below)
2. Your DWI Defense Strategy & the Handling of Your case More...

You cannot change the actions that resulted in you receiving a DWI citation, so unless the police or courts made errors it is unlikely that your drunk driving charges will be fully dismissed.

However, we will work to negotiate significantly reduced DWI charges for you - which may decrease the severity of any penalty that you may receive.

Additionally, each specific DWI charge is associated with a range of potential fines and sentences. This also gives us significant scope to come away with a more lenient fine or sentence for you.

Turbo Team DWI Attorneys concentrate on drunk driving cases in Western New York. With our years of experience and our knowledge of the WNY roads, police, and the local courts we can guide you through the legal process.

A Turbo Team DWI Lawyer can provide an intimate understanding of the law and a wealth of experience defending DWI cases in Western New York to provide Your Optimum DWI Defense Strategy.


Your Fine / Sentence Depends On The Specific DWI Charges Brought Against You

In Western New York, your DWI Charges are based on your apparent degree of intoxication (including your BAC) and your behavior at the time of your offense. The severity of your charges will also increase if someone was injured or killed in a motor vehicle accident, and potential fines and sentences increase with increasing severity of your charges.

The New York State Department of Motor Vehicles (DMV) uses the following terms:

  • BAC = Blood Alcohol Concentration, measured as a %
  • DWI = Driving While Intoxicated (0.08% BAC or higher, or other evidence of intoxication)
  • Aggravated DWI = Aggravated Driving While Intoxicated (0.18% BAC or higher)
  • DWAI/Alcohol = Driving While Ability Impaired by Alcohol (0.05% - 0.07% BAC, or other evidence)
  • DWAI/Drug = Driving While Ability Impaired by a single Drug other than alcohol
  • DWAI/Combination = Driving While Ability Impaired by the Combined Influence of Drugs and/or Alcohol.
  • Chemical Test Refusal = A driver who refuses to take a chemical test (normally by breath, blood or urine) can receive a driver license revocation of at least 1 year and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the 5 years after a DWI-related charge will have their driver license revoked for at least 18 months and must pay a $750 civil penalty to apply for a new driver license!
  • Zero Tolerance Law = Any driver who is less than 21 years of age and who drives with a 0.02% - 0.07% BAC violates the Zero Tolerance Law

DWI Penalties - Fines & Sentence Guidelines For DWI Charges In Western New York

Violation[1] Mandatory Fine[2] Maximum
Jail Term
Mandatory Driver License Action[3]
Aggravated Driving While Intoxicated (A-DWI) $1,000 - $2,500 1 year Revoked for at least 1 year
Second A-DWI in 10 years (E felony)[1] $1,000 - $5,000 4 years Revoked for at least 18 months[5]
Third A-DWI in 10 years (D felony)[1] $2,000 - $10,000 7 years Revoked for at least 18 months[4,5]
 
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) $500 - $1,000 1 year DWI-Revoked for at least six months
DWAI-Drugs - Suspended for at least 6 months
Second DWI/DWAI-Drug violation in 10 years (E felony)[1] $1,000 - $5,000 4 years Revoked for at least 1 year
Third DWI/DWAI-Drug violation in 10 years (D felony)[1] $2,000 - $10,000 7 years Revoked for at least 1 year[4]
 
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) $500 - $1,000 1 year Revoked for at least six months
Second DWAI/Combination in 10 years (E felony)[1] $1,000 - $5,000 4 years Revoked for at least 1 year/18 months[5]
Third DWAI/Combination in 10 years (D felony)[1] $2,000 - $10,000 7 years Revoked for at least 1 year/18 months[4,5]
 
Driving While Ability Impaired by Alcohol (DWAI) $300 - $500 15 days Suspended for 90 days
Second DWAI violation in 5 years $500 - $750 30 days Revoked for at least 6 months
 
Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None Suspended for 6 months
Second Zero Tolerance Law $125 civil penalty and $100 re-application fee None Revoked for 1 year or until age 21
 
Chemical Test Refusal $500 civil penalty ($550 for commercial drivers) None Revoked for at least 1 year, 18 months for commercial drivers.
Chemical Test Refusal within 5 years of a previous DWI-related charge/Chemical Test Refusal $750 civil penalty None Revoked for at least 18 months, 1 year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.
Chemical Test Refusal -
Zero Tolerance Law
$300 civil penalty and $50 re-application fee None Revoked for at least one year.
Chemical Test Refusal -
Second or subsequent Zero Tolerance Law
$750 civil penalty and $50 re-application fee None Revoked for at least 1 year.
 
Driving Under the Influence - (Out-of-State) N/A N/A Suspended for 6 months. If less than 21 years of age, revoked at least 1 year.
Driving Under the Influence - (Out-of-State) with any previous alcohol-drug violation N/A N/A Suspended for 6 months. If less than 21 years of age, revoked at least 1 year or until age 21 (longest term).

Notes:
[1] Greater penalties can also apply for multiple alcohol or drug violations within a 10 year period.
[2] Surcharges are added to misdemeanors ($160) and felonies ($270)
[3] The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different
[4] 3 or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years
[5] A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18 month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18 month revocation.


Stop Losing Sleep Over Your DWI Charges - Get A FREE Consultation With An Experienced DWI Lawyer

Turbo Team DWI Lawyers have helped 1000's of people just like you. We understand exactly how You are feeling and how much may be at stake on your day in court. We can help You with your DWI case from beginning to end.

We would be happy to review the circumstances of Your DWI charges with you in a FREE, No Obligation, Consultation. Just call our 24/7 Hotline at 716.222.2222 to schedule your FREE appointment. Once you've made the call and taken your first positive steps to getting your case under control you'll find that you sleep a lot better!


Turbo Team Lawyers Know The Western New York Roads, We Understand The WNY Police, And We Have Developed Strong Relationships In The WNY Courts. To Schedule Your FREE Consultation With An Experienced Local DWI Lawyer Call 716.222.2222, E-mail, or Contact Us


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