55 Koenig Road Tonawanda, NY 14150 Phone: (716) 536-0589
Driving While Intoxicated (DWI): .08% Blood Alcohol Concentration (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication.
Aggravated Driving While Intoxicated (Aggravated DWI): BAC of .18% or higher.
Driving While Ability Impaired by Alcohol (DWAI): more than .05% BAC but less than .07 BAC, or other evidence of impairment.
Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug).
Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination).
Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine).
Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02% BAC to .07% BAC violates the Zero Tolerance Law.
| Violation | Mandatory Fines | Penalties |
|---|---|---|
| Aggravated Driving While Intoxicated (AGG DWI). |
$1,000 - $2,500 | Up to a one year in jail. License revoked for at least one year. |
| Second AGG DWI in 10 years (E felony). |
$1,000 - $5000 | Up to 4 years in jail. License revoked for at least 18 months. |
| Third AGG DWI in 10 years (D felony). |
$2,000 - $10,000 | Up to 7 years in jail. License revoked for at least 18 months. |
| Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug). |
$500 - $1,000 | Up to 1 year in jail. DWI - License revoked for at least six months. DWAI-Drugs - License suspended for at least six months. |
| Second DWI or DWAI-Drug violation in 10 years (E felony). |
$1,000 - $5,000 | Up to 4 years in jail. License revoked for at least one year. |
| Third DWI or DWAI-Drug violation in 10 years (D felony). |
$2,000 - $10,000 | Up to 7 years in jail. License revoked for at least one year. |
| Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination). |
$500 - $1,000 | Up to 1 year in jail. License revoked for at least six months. |
| Second DWAI-Combination in 10 years (E felony). |
$1,000 - $5,000 | Up to 4 years in jail. License revoked for at least one year. |
| Third DWAI-Combination in 10 years (D felony). |
$2,000 - $10,000 | Up to 7 years in jail. License revoked for at least one year. |
| Driving While Ability Impaired by Alcohol (DWAI). |
$300 -$500 | Up to 30 days in jail. License revoked for at least six months. |
| Second DWAI violation in 5 years. |
$500 - $700 | Up to 30 days in jail. License revoked for at least six months. |
| Third or subsequent DWAI within 10 years (Misdemeanor). |
$750 - $1,500 | Up to 180 days in jail. License revoked for at least six months. |
| Zero Tolerance Law | $125 civil penalty. $100 fee to terminate suspension. |
No jail time. Suspended for six months. |
| Second Zero Tolerance Law. | $125 civil penalty. $100 re-application fee. |
Upto 180 days in jail. License revoked for one year or until the age 21. |
| Chemical Test Refusal | $500 civil penalty. ($550 for commercial drivers). |
No jail time. License revoked for at least one year, 18 months for commercial drivers. |
| Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal. |
$750 civil penalty. | No jail time License revoked for at least 18 months, one-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. $100 re-application fee. |
No jail time. License revoked for at least one year. |
| Chemical Test Refusal Second or subsequent Zero Tolerance Law. |
$750 civil penalty. $100 re-application fee. |
No jail time. License revoked for at least one year. |
| Driving Under the Influence (Out-of-State). |
No Fines. | No jail time. License revoked for 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 violation. |
No Fines. | No jail time. License revoked for at least 90 days. (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
A Commercial Driver (License Class A, B, or C) is held to stricter Blood Alcohol Content (BAC) standards, and faces tougher penalties, while operating a commercial vehicle that requires a CDL license. A first time conviction for DWI, DWAI, or having a .04 percent or higher BAC requires a minimum 1-year revocation of the driver’s license (3 years, if driving a vehicle that requires hazardous materials). A second conviction within the driver’s lifetime results in permanent revocation, with a possible waiver after 10 years. A third conviction results in a permanent revocation without any possibility of ever getting it back. Drivers who hold a commercial license should review the Commercial Driver’s Manual (CDL-10
The Zero Tolerance law applies to a person under age 21 who operates a automobile with a blood alcohol concentration (BAC) of .02% or more but not more than .07%. In an effort to send a clear message to our young citizens that underage drinking will not be tolerated, New York State has enacted legislation, for those under 21 years of age, providing for the suspension or revocation of operating privileges if caught operating a vessel with a BAC is .02%. The minimum BAC is .02% not zero because certain cough syrups and mouthwashes contain large amounts of ethyl alcohol. New York State Legislature decided to set the standard BAC at .02% in order to address only those young people who had consumed alcohol and operated a automobile.
If you refuse to take a breath test, you will required to appear for a hearing before an administrative judge from the Department of Motor Vehicles. Most likely, you will be subject to a license revocation or suspension for one year. If you have any prior history of drug or alcohol related traffic infractions, your license will be revoked or suspended for at least one year, or until you turn 21 years of age, whichever is longer.
| Blood Alcohol Concentration (BAC) | Offense | Procedure |
|---|---|---|
| .02% or more but not more than .07% | Driving after having consumed alcohol (a zero tolerance violation) |
Administrative Hearing. |
| More than .05% and less than .08% | Driving while ability is impaired by alcohol (DWAI) | Criminal Court. |
| .08% or more | Driving While Intoxicated | Criminal Court. |