DWI Consequences Outside of the Criminal Justice System

Every year, thousands of people are arrested for Driving While Intoxicated or Impaired. Like other criminal charges, DWI convictions can result in probation and even jail sentences. DWI charges carry severe penalties outside of the criminal justice system including fines, license suspensions/revocations, mandatory rehabilitation programs, and requirements to install and maintain Ignition Interlock Devices in any vehicle you own or drive.

• Your license will likely be suspended, before you’re convicted of any charge
  • If you submit to a chemical test which shows your Blood Alcohol Content is above .08%, your license will likely be suspended by the court at your arraignment (The first time you appear in front of a judge).
    1. i) In this circumstance, you may be eligible for a hardship license and a conditional license. These restricted use licenses allow you to drive in limited situations such as to and from work, school or medical appointments.
  • If you refuse to submit to a chemical test the court will temporarily suspend your license at your arraignment and file a Report of Refusal with the DMV. This triggers administrative proceedings to revoke your license. The suspension will last 15 days or until the date of the hearing. If the hearing is held and the DMV finds in favor of the police, your license will be revoked for 1 year.
    1. i) You will not be eligible for a hardship or conditional license during the pendency of the case if you refuse to take the test.
  • The court can order you to attend and/or complete certain rehabilitative programs
    • If you are convicted of any offense involving driving while intoxicated or impaired, including DWI, the court will likely mandate you to attend the Impaired Driver Program.
    • You may be required to complete a drug and/or alcohol evaluation from an Office of Addiction Services and Support (OASAS) certified counselor. The results of this evaluation may require you to attend additional counseling or treatment.
  • Your license may be revoked or suspended for an extended period of time after the case is over.
    • A conviction for any offense involving driving while impaired or intoxicated by drugs or alcohol will result in a license suspension or revocation. The length of this suspension or revocation will vary on many factors including.
      1. i) The charge you plead to or were convicted of.
      2. ii) Previous alcohol/drug and driving related offenses you have on your record;

• iii) Your driving history (have you been convicted of any other serious traffic infractions);

1. iv) The suspensions/revocations can last from 90 days to life time revocations of your license.

• You may need to install an ignition interlock device in your vehicle
  • If you are convicted of Driving While Intoxicated you will need to install an ignition interlock device in any vehicle you own or operate. The device will require you to give it a breath sample to verify you have not been drinking before the car will start. This device comes with additional costs to install, maintain and remove (as detailed below).
  • Your compliance with the interlock device will be monitored by Probation. If you attempt to circumvent the device (have someone blow into it or try to get around it) you may face additional charges. If you are caught driving a vehicle without an interlock device installed when you are required to you may face additional charges.
• Fines, Surcharges, Penalty and other hidden fees for DWI charges.
  • The fines for alcohol and drug related driving offenses range from hundreds to thousands of dollars. In addition to the fines set by the court there are other fees associated with these convictions
  • The DMV will charge “Driver responsibility assessment” fees for refusing to take a chemical test or being convicted of any drug or alcohol related offense. These fees are $250 every year for three years totaling $750. Failure to timely pay these fees will result in the suspension of your license.
  • If you are required to enroll in the Impaired Driver Program you will need to pay a $75 enrollment fee to the DMV as well as additional fees directly to the program you enroll with the maximum of which is $233.
  • If you are required to install an Ignition Interlock Device, you will need to pay for the installation and maintenance. These costs vary depending on the vendor and location but could cost several hundred dollars to install and remove and up to $100 each month to maintain it.
  • Your insurance carrier will be notified of your conviction and will likely raise your insurance rates.

Fox Law Firm, PLLC is a New York traffic and criminal law firm serving clients throughout Suffolk County. With more than three decades of experience, the attorneys of Fox Law Firm, PLLC defend clients in traffic and criminal cases and protect their rights. For more information or to ask for a free consultation, call our Riverhead office at 631-779-3400 or visit our contact page.