Penalties for DWI, DUI, DWAI and Aggravated DWI

A conviction for drunk driving can have long-term consequences and collateral effects on your life. If you have been arrested for DWI, DWAI or aggravated DWI, you need an experienced attorney to help you understand the penalties you are facing and defend you from these charges.

At the law office of Glenn R. Bruno, Esq., in Poughkeepsie, New York, I represent clients who are facing drunk driving charges. If you have been arrested for drunk driving, you have two options: trial or plea. I will attempt to clearly explain these options as well as the potential consequences to your DWI, DWAI or aggravated DWI charges. I am dedicated to providing you with straightforward, practical advice and skilled defense.

It takes an experienced Poughkeepsie lawyer to minimize the DWI penalties you face. To schedule your free in-office or telephone consultation, call my office at 845-206-4501, toll free 888-324-0551 or send me an e-mail today.

DWAI Penalties

Driving while ability impaired (DWAI) is a traffic infraction. If you are convicted of DWAI, you could incur a range of DUI consequences, including:

  • First offense: After your first DWAI arrest and conviction, you will be fined $300 to $500 and/or serve up to 15 days in jail. Your license will be suspended for 90 days and your registration may also be suspended for 90 days.
  • Second offense: Your second conviction within a five-year period carries a $500 to $750 fine and/or up to 30 days in jail. Your license will be revoked for a minimum of six months and your registration may also be revoked for up to six months.
  • Three or more offenses: Your third conviction or subsequent convictions within a 10-year period is a misdemeanor offense and carries a $750 to $1,500 fine and/or up to 180 days in jail as well as a three-year probation period. Your license will be revoked for a minimum of six months and your registration may also be revoked for up to six months.

With every DWAI conviction, you will have a DWI penalty of mandatory surcharges as well as a mandatory driver responsibility assessment of $250 per year for three years. You may also be required to attend a victim impact panel session.

DWI Penalties

Driving while intoxicated (DWI) is a misdemeanor charge and carries penalties such as:

  • First offense: Your first DWI conviction includes fines of $500 to $1,000, up to a year in jail or both. You might serve three years of probation. Your license will be revoked for at least six months and your registration may also be suspended for at least six months.
  • Second offense (if treated as a misdemeanor by the prosecutor): Your second conviction within a 10-year period carries a $500 to $1,000 fine and/or up to one year in jail as well as three years of probation. Your license will be revoked for a minimum of one year and your registration may also be revoked for up to one year. The revocation period increases to 18 months if you were previously convicted of aggravated DWI.
  • Second offense (if treated as a felony by the prosecutor): Your second conviction within a 10-year period, if treated as a felony, carries a $1,000 to $5,000 fine and/or probation, county jail and probation, up to one year in county jail or up to four years in state prison. Your license will be revoked for a minimum of one year and your registration may also be revoked for up to one year. If this is your second conviction within a five-year period, you will face an additional mandatory five days of imprisonment or 30 days of public service. In addition to the above penalties, with each DWI conviction, you will be charged mandatory surcharges as well as a driver responsibility assessment of $250 per year for three years. You may also be required to attend a victim impact panel session and you will be required to install and maintain an ignition interlock device on your vehicle.

Aggravated DWI

Aggravated DWI is a misdemeanor charge and the penalties include:

  • First offense: Your first conviction for aggravated DWI includes fines of $1,000 to $2,500, up to a year in jail or both. You might also serve three years of probation. Your license will be revoked for at least one year and your registration may also be suspended for up to one year.
  • Second offense (if treated as a misdemeanor by the prosecutor): Your second conviction within a 10-year period carries a $1,000 to $2,500 fine, up to one year in jail or both. You might also have three years of probation. Your license will be revoked for a minimum of 18 months and your registration may also be revoked for up to 18 months.
  • Second offense (if treated as a felony by the prosecutor): Your second conviction within a 10-year period, if treated as a felony, carries a $1,000 to $5,000 fine and/or probation, county jail and probation, up to one year in county jail or up to four years in state prison. Your license will be revoked for a minimum of one year and your registration may also be revoked for up to one year.

If this is your second conviction within a five-year period, you will face an additional mandatory five days of imprisonment or 30 days of public service. Additionally, a conviction for aggravated DWI requires the installation of an ignition interlock device on your vehicle. You will also be charged mandatory surcharges as well as a driver responsibility assessment of $250 per year for three years and you may be required to attend a victim impact panel session.

Collateral Consequences of a DWI or DWAI Drugs

If you have been convicted of DWI and DWAI drugs twice and each time physical injury has resulted, then the DMV can revoke your driver's license for life.

People who have been convicted of DWI or DWAI in New York may also have a problem entering other countries such as Canada. In these cases, you may need to obtain special documents and permissions in order to travel.

Contact a DUI Consequences Lawyer Serving the Hudson Valley

Call 845-206-4501 or toll free 888-324-0551 to schedule a free in-office or telephone consultation. You can also reach me by e-mail. My office is located conveniently across from the Dutchess County Courthouse.