HNC Communications, Inc.

1325 Franklin Avenue, Ste 255

Garden City, NY 11530

(516) 778-2600

Penalties

In New York the penalties for a conviction of driving while intoxicated vary greatly depending on whether it is a first time offense or whether there are one or more prior convictions for driving while intoxicated or other alcohol or drug related driving offenses. While anyone charge with driving while intoxicated can potentially face a sentence involving jail, first time convictions for driving while intoxicated, where no accident is involved, often involve a sentence of 3 years probation, a fine ranging from $500 to $1000, a mandatory surcharge of $395 ($400 in town or village courts), a license revocation of at least 6 months, and the requirement that an ignition interlock device be installed in any vehicle owned or operated by the defendant. A court may also impose a sentence of only a fine, a surcharge, 6 months license revocation and the requirement that an ignition interlock device be installed.

The ultimate resolution and penalties imposed by the court on a DWI/ DUI case depend on a number of factors including whether there is a blood alcohol reading and if so, the blood alcohol level, the prosecutor prosecuting the case, the judge assigned to the DWI / DUI case, whether the defendant has been charged and/ or convicted of a prior alcohol related driving offense in the past, the defendants prior criminal record, whether there was an accident involved, whether there were children under the age of 16 years old in the vehicle at the time of the stop, whether anyone was injured or whether the case involves a fatality.

Other considerations that weigh in on the ultimate outcome of the case include whether there are probable cause issues, or other inherent weaknesses in the prosecutor\'s case that may result in an acquittal.The penalties for each type of DWI/ DUI offense are covered in more detail under each of the categories on the right.