Driving while intoxicated (DWI) can be charged as either a misdemeanor or felony offense whereas as charge of driving while ability impaired (DWAI) is a violation and therefore non-criminal.
A conviction for the first DWAI, either after trial or as a result of plea bargain, is a non-criminal offense and the penalties are:
A fine between $300-$500 and up to 15 days in jail, or both a fine and jail.
A Court surcharge of $265.
A DMV Driver Responsibility fine of $250 each year for 3 years for a total of $750.
A Period of Probation, Conditional Discharge, or up to 15...
A Driving While Intoxicated conviction, either after a trial or as a result of plea bargain, is a misdemeanor crime and the possible penalties are:
Incarceration of up to 1 year
Fine between $500-$1,000 and surcharge of $395
A DMV Driver Responsibility Assessment of $250 each year for 3 years for a total of $750.
Installation of an Ignition Interlock Device on the driver’s vehicle for a period of not less than 6 months.
Driver's License Suspension
A Period of Probation or Conditional Discharge
A permanent criminal record
These penalties are possible but not required upon...
Pennsylvania DMV does not assign points if a moving violation is committed out-of-state. But your insurance company could learn of the conviction and raise your premiums. There are also extra New York DMV penalties to consider. Learn more.
An Ohio driver convicted of a moving violation in New York will not acquire points on their Ohio license. However, the conviction will appear on the Ohio driving record, where your insurance company might consider it.
Yes. In same cases, we can make a motion to withdraw your guilty plea and enter a reduced charge instead.
New York State Vehicle and Traffic Law section 1192 (8) addresses the affect of a previous out-of-state conviction on a current DWI charge in New York. In short, if the prior out-of-state conviction would have been a misdemeanor, felony, or DWAI had the crime occurred in New York, then that conviction could be used to enhance the current New York charge.
The enhancement can mean the difference between being charged with a felony, longer sentencing periods, higher fines, and denial of a driving license privilege just to name a few.
If you are currently charged with a DWI in New York and have...
Most states share information about traffic convictions. This means that every driver has an interest in minimizing the severity of all tickets. No matter where you are from, Don't Plead Guilty By Mail. Learn more.
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Massachusetts will record certain New York traffic convictions on your Massachusetts driving record as if they happened in Massachusetts.
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Most New York traffic convictions are not likely to be added to MD record. But your insurance company will likely discover a NY conviction, it is still important to reduce it.
The Child Passenger Protection Act known as Leandra’s Law amended the Vehicle and Traffic Law and the Penal Law to establish a new Class E felony related to driving while intoxicated with a child as a passenger. The law also requires that all individuals convicted of misdemeanor and felony DWI offenses install and maintain ignition interlock devices.
The law is named in memory of Leandra Rosado, an 11-year-old who was killed in a car accident in Manhattan in 2009.
The New Felony DWI Charges
First-time offenders charged with driving while intoxicated (.08 BAC or more) or with DWI...