HNC Communications, Inc.

1325 Franklin Avenue, Ste 255

Garden City, NY 11530

(516) 778-2600

Driving While Impaired Due To Alcohol

DWAI – First Offense
VTL 1192.1-Driving While Ability Impaired by the consumption of Alcohol is a lesser charge than driving while intoxicated. A person may be charged with DWAI if he or she operates a motor vehicle with a  blood alcohol level of .05 or greater, but less than .08.  A first time offense of Driving While Ability Impaired by the consumption of Alcohol is a violation, not a misdemeanor, and therefore is not a criminal offense. Nonetheless a conviction to DWAI carries serious consequences both in terms of your license and in terms of insurance. In cases where there is a prior conviction for driving while impaired or driving while intoxicated within 5 years of the new charge, you may be charged as a misdemeanor.

Penalties for a DWAI (First offense)
If you are convicted of a Driving while impaired by the consumption of Alcohol, as a first offense, the court may sentence you

• Up to 15 days incarceration
• A fine of between $300 and $500
• A mandatory surcharge of $255 ( $260 for Village and Town Courts)
• Require that you attend a Victim Impact Panel
• A conviction of Driving while impaired due to alcohol will also result in a 90 day suspension of your license (longer for those who were under the age of 21 when charged)
• Also a conviction to DWAI carries additional penalties / consequences for those with CDL Licenses.
• In addition the New York State DMV will impose a driver responsibility assessment or $250 per year for 3 years

DWAI - Second Offense
Those convicted of DWAI, whiling having previously been convicted of either Driving while impaired due to alcohol ( DWAI), Driving While Intoxicated (DWI), Aggravated DWI, Driving while ability Impaired due to drugs, or Driving while ability impaired due to a combination of drugs and alcohol within 5 years of the new DWAI arrest may be sentenced to

• Up to 30 days incarceration
• A fine of between $500 and $700
• Revocation of your driver’s license for at least 6 months
• Possible registration revocation of up to 6 months
• Court may require attending a Victim Impact Panel
• In addition the New York State DMV will impose a driver responsibility assessment or $250 per year for 3 years.

DWAI - Third Offense
Those convicted of DWAI, while having previously been convicted 2 or more times of either Driving while impaired due to alcohol ( DWAI), Driving While Intoxicated (DWI), Aggravated DWI, Driving while ability Impaired due to drugs, or Driving while ability impaired due to a combination of drugs and alcohol within 10 years of the new DWAI may be charge as a misdemeanor and sentenced to the following

• up to 6 months incarceration and/ or 3 years probation
• A fine of between $750 and $1500
• A surcharge of $395 ( $400 in Village and Town Courts)
• A revocation of your license for 18 months. Following the revocation, you will be denied a driver’s license for an additional 5 years by the NYS DMV. Upon relicensing you will be required to install an ignition interlock device in any vehicle you own or operate for a period of 5 years.
• The NYS DMV will require the filing of a DS49 form by an OAISIS certified counselor before relicensing.
• Possible registration revocation of up to 6 months.
• Court may require attending a Victim Impact Panel.
• In addition the New York State DMV will impose a driver responsibility assessment or $250 per year for 3 years.