55 Koenig Road Tonawanda, NY 14150 Phone: (716) 536-0589
In New York State, law enforcement agencies are cracking down on motorcyclists who ride under the infuence of drugs or alcohol. According to the New York State Department of Motor Vehicles, a motorcyclist who chooses to drink and ride is more likely to be involved in a fatal drunk driving incident; “alcohol is a major contributor to motorcycle crashes, particularly fatal [ones].” Approximately 40-45% of all riders killed in a motorcycle accident being due to the consumption of drugs or alcohol, Additionally, about third of all fatal motorcycle accidents had a BAC above legal limits.
Unfortunately, people still believe that the type of vehicle they are driving at the time of a DWI arrest makes a difference when it comes to the law. The fact is a DWI is a DWI, no matter if you are driving a car, truck, commercial vehicle, golf cart, lawn mower, tractor, scooter, or a motorcycle. All of these defined under the umbrella of a “motor vehicle.
If you have been arrested for riding a motorcycle under the influence, you need to contact an skilled attorney that knows how to how to
fight for your rights. Contact attorney Patrick McLaughlin for a free initial case review of the charges pending against you.
| 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). |