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  1. In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term. Additional penalties. greater penalties can also apply for multiple alcohol or drug violations within a 25-year period.

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    • Dwai in New York
    • Dwi in New York
    • Types of Penalties For Dwi and Dwai Convictions in New York
    • Criminal Penalties For Dwi and Dwai Conviction in New York
    • Administrative License-Related Penalties For DWIs and Dwais in New York
    • Additional Penalties Imposed For Impaired Driving Convictions in New York
    • New York's Zero-Tolerance Dwi Law

    DWAI offenses—which prohibit driving a vehicle while impaired—are further broken down into three categories: 1. Alcohol-DWAI 2. Drug-DWAI, and 3. Combination-DWAI (the use of a combination of alcohol and drugs). For purposes of New York's DWAI law, "ability impaired" means impairment to "any extent" of a driver's physical and mental abilities. A de...

    DWI requires proof of a greater level of impairment than DWAI. New York's DWI law defines "intoxicated condition" as an impairment to the extent that the defendant is unable to employ the physical and mental abilities that a "reasonable and prudent" driver should possess. There are two types of DWI offenses: 1. driving a vehicle in an "intoxicated ...

    An impaired driving charge typically leads to administrative (license-related) penalties. And if the offender is convicted of DWI or DWAI in court, criminal penalties are also imposed.

    Criminal penalties depend on the type of offense and whether the defendant has prior impaired driving convictions. Generally, penalties are less severe for Alcohol-DWAI convictions than for DWI, Drug-DWAI, and Combination-DWAI convictions. Additionally, penalties typically increase if the defendant has any prior impaired driving convictions.

    New York's implied consent law requires all drivers to submit to breath, blood, urine, and/or saliva testing if an officer has reasonable grounds to believethe motorist is in violation of the DWI or DWAI laws. Motorists who refuse testing face the following penalties: The court will also suspend the license of any driver who: 1. had a BAC of .08% o...

    All DWI and DWAI offenders are generally subject to the following additional penalties: 1. completion of an alcohol and drug screening and assessment 2. completion of a substance abuse treatment program (if the screening and/or assessment indicate that the defendant is abusing or dependent on alcohol or drugs) 3. attendance at a victim impact panel...

    New York has stricter standards for drivers who are under the legal drinking age. An underage DWI carries different penalties than standard DWI convictions.

  3. In most cases, a DUI stays on your record for 15 years from when you’re convicted. However, the record may be permanent if the situation is serious enough or another crime was committed in conjunction with the DUI, such as vehicular homicide.

  4. Introduction. Drunk driving, formally called driving while intoxicated (DWI) in New York, is a serious crime. NY will suspend your license, impose expensive fines, and even put you in jail if you drink and drive. New York DWI Defined.

  5. In New York State, you can be arrested for any of these offenses: aggravated driving while intoxicated (Agg-DWI), driving while intoxicated (DWI), driving with a blood alcohol content of .08 percent or more (.08 BAC), driving while ability impaired by a drug (DWAI-drug), driving while ability impaired by alcohol (DWAI), or driving under the ...

  6. These FAQs provide general information about DWI and the newly passed Leandra's Law. The New York State Department of Motor Vehicles also maintains DWI FAQs on its website. If you do not find the answer to your question, please email us or call us at 518-457-2667.

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