New York DWI Attorneys

New York DWI Attorneys

Get help from a New York DWI Lawyer by calling 1-800-852-8005 or:

Select the county where your DWI in New York occurred:
AlbanyDutchessMadisonOtsegoStueben
AlleganyErieMonroePutnamSuffolk
BronxEssexMontgomeryQueensSullivan
BroomeFranklinNassauRensselaerTioga
CattaraugusFultonNew YorkRichmondTompkins
CayugaGeneseeNew York CityRocklandUlster
ChautauquaGreeneNiagaraSaratogaWarren
ChemungHamiltonOneidaSchenectadyWashington
ChenangoHerkimerOnondagaSchoharieWayne
ClintonJeffersonOntarioSchuylerWestchester
ColumbiaKingsOrangeSenecaWyoming
CortlandLewisOrleansSt. LawrenceYates
DelawareLivingstonOswegoStaten Island 

Law Office of Paul M. Callahan

Law Office of Paul M. Callahan

New York DWI Lawyer
Paul Callahan

Albany County, NY: Office phone: (518) 621-0111
Montgomery County, NY: Office phone: (518) 621-0111
Saratoga County, NY: Office phone: (518) 621-0111
Schenectady County, NY: Office phone: (518) 621-0111
Schoharie County, NY: Office phone: (518) 621-0111


Lerner & Lerner

Lerner & Lerner

New York Attorney
Kim Lerner

Nassau County, NY: Office phone: (516) 740-2722


Grunwald & Seman, P.C.

Grunwald & Seman, P.C.

New York Lawyers
Karl Seman
Milton Grunwald

Suffolk County, NY: Office phone: (516) 442-8990


Law Office of Keith R. Murphy

Law Office of Keith R. Murphy

New York Attorney
Keith Murphy

Westchester County, NY: Office phone: (914) 930-6151


Law Office of Thomas Keane

Law Office of Thomas Keane

New York Lawyer
Thomas Keane

Cattaraugus County, NY: Office phone: (716) 842-2250


If you have been charged with a New York DWI there are two things that you need to consider:

New York State Seal1) Take the charge seriously.
A conviction for a New York DWI will have long lasting consequences. A criminal record can affect your employment, your future and your personal freedom.

2) Hire an experienced New York DWI Lawyer.
Understanding the New York DWI laws and courtroom proceedings can be a challenge. Hiring a qualified New York DWI Lawyer from DWI.com who focuses on DWI defense can make a difference in the outcome of your case.

The New York DWI Defense Lawyers at DWI.com offer an initial review of your case. Your inquiry is both free and confidential.

To begin fighting your New York DWI, use the drop-down menu above to locate a New York Attorney in your county. But do it now, as time is very critical in a New York DWI case.

   

New York DWI Laws and DWAI Laws

    New York Alcohol Related and Drug Related Violations

    DWI:  Driving While Intoxicated
    DWAI:  Driving While Ability Impaired
    DWAI/Drugs:  Driving While Ability Impaired by a drug that is not alcohol

If you are arrested for any of these alcohol or drug related offenses in New York then you have two (2) cases.

1st Case:
The revocation of your New York Drivers License. Refusing or failing to take a breath test in the state of New York will result in the automatic suspension of your driving privileges for at least six months.

2nd Case:
The criminal action that will be taken against you for your New York DWI/DWAI/Drugs arrest. The fines range from $125-$10,000 and you could also face jail time from 1-7 years. This is why it is very important to hire a qualified New York DWI attorney to get the best results for your case.

ViolationMandatory Fine (1)Maximum
Jail Term
Mandatory Driver License Action (2)
Driving While Intoxicated (DWI)$500 – $1,0001 yearRevoked for at least six months
Second DWI violation in 10 years (E felony)$1,000 – $5,0004 yearsRevoked for at least one year
Third DWI violation in 10 years (D felony)$2,000 – $10,0007 yearsRevoked for at least one year
Driving While Ability Impaired (DWAI)$300 – $50015 daysSuspended for 90 days
Second DWAI violation in 5 years$500 – $75030 daysRevoked for at least six months
Zero Tolerance Law$125 civil penalty and $100 fee to terminate suspensionNoneSuspended for six months
Second Zero Tolerance Law$125 civil penalty and $100 re-application feeNoneRevoked for one year or until age 21
Chemical Test Refusal$300 civil penalty ($350 for commercial drivers)NoneRevoked for at least six months.
Chemical Test Refusal within five years of a previous
DWI-related charge
$750 civil penaltyNoneRevoked for at least one year.
Chemical Test Refusal -
Zero Tolerance Law
$300 civil penalty and $50 re-application feeNoneRevoked for at least one year.
Chemical Test Refusal -
Second or subsequent Zero Tolerance Law
$750 civil penalty and $50 re-application feeNoneRevoked for at least one year.
Driving Under the Influence – (Out-of-State)N/AN/ARevoked at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence – (Out-of State) with any previous alcohol-drug violationN/AN/ARevoked at least 90 days. If less than 21 years of age, revoked at least one year or until age 21 (longest term).
  1. Surcharges are added to misdemeanors ($160) and felonies ($270).
  2. The New York driver license penalties for drivers under the age of 21 and for professional drivers are different.

Can you get a conditional license if your were convicted of a New York DWI or DWAI?
If you receive your first conviction for a New York DWI or DWAI and you participate in the New York Drinking Driver Program (DDP), you can receive a conditional license. The New York DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP.

A change to the NYS Vehicle and Traffic Law requires drivers who are convicted of specific traffic violations to pay an assessment to the DMV.  The Driver Responsibility Program applies to all drivers who operate, or operated, a motor vehicle in the State of New York, regardless of the state the motorist is licensed in.  The purpose of the Driver Responsibility Program is to prevent the repeated behavior of problem drivers and to improve traffic safety.

Information About Driver Responsibility Assessments

What is a driver responsibility assessment?

In addition to any fines, fees, penalties, or surcharges that you pay for a traffic conviction, you must pay the driver responsibility assessment. The assessment is an amount that you must pay each year for three years. You pay the assessment to the DMV.

Who must pay a driver responsibility assessment?

You can have NYS driver responsibility assessments to pay if you have a driver license in NYS or a driver license from another state and you have driver incidents in NYS.

You must pay the driver responsibility assessment if any of the following incidents occur in NYS:

  • you are convicted of an alcohol-related traffic violation and the violation occurred on or after November 18, 2004 (includes boats and snowmobiles); or
  • you are convicted of a drug-related traffic violation and the violation occurred on or after November 18, 2004 (includes boats and snowmobiles); or
  • a DMV hearing determines that you refused a chemical test and the refusal occurred on or after November 18, 2004 (includes boats and snowmobiles); or
  • you receive six or more points on your NYS driver record during a period of 18 months and the violations occurred on or after November 18, 2004.

How do I know if I must pay the driver responsibility assessment?

If you must pay an assessment, the DMV will send a statement to you. The statement will display the information that you will need to pay the assessment.

What is the amount of the driver responsibility assessment?

The amount of a driver responsibility assessment depends on the type of violation and the total of your driver violation points.

If you are convicted of a traffic violation that is alcohol-related or drug-related, or if you refuse a chemical test, the annual assessment is $250. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $750.

If you receive six points on your driver record during a period of 18 months, the annual assessment is $100. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $300. If you receive more than six points on your driver record during a period of 18 months, the annual assessment is $25 for each point more than the original six points. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $75 for each point more than the original six points.

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