COLLATERAL CONSEQUENCES OF A DRUNK DRIVING CONVICTION
DWI, Driving While Intoxicated with Alcohol and or Drugs, is a violation of the New York State Vehicle & Traffic Law (VTL). Harold Dee, a former NYS Traffic Court Judge, practicing Vehicle and Traffic Law for 20 years, would like you to be aware of some collateral consequences of a conviction of the charges.
Conviction of DWI by an adult is a misdemeanor conviction. It is a lifetime criminal record. A second DWI arrest within 10 years of last conviction results in a Felony charge. If convicted of a felony, one cannot practice as a professional. Driving While Intoxicated (DWI) is operating with a blood alcohol content (bac) of .08 of 1%. Driving While Abilty Impaired (DWAI) is a traffic infraction, not a crime, is charged with "bac" readings of .05 to .07. when impaired operation is shown. DWI on a commercial vehicle is .06 and DWAI is .04!
A mandatory alcohol abuse screening for a blow of .08., and Mandatory treatment if chemical tests reveal a "bac" reading of greater than .15.
If convicted of a DWI a drivers' privileges are revoked for a minimum of six (6) months. If granted conditional privileges, at the Commissioner’s discretion, for which a motorist is eligible only once every five (5) years, the conditional license will be valid only for work, school, child care, medical and dental for you and members of your household plus three personal hours a week. Granting of conditional privileges requires attendance at the Drinking Driver Program 2 hours weekly for seven weeks at a cost of $175. The license is $75. Conviction of any violation, including cell phone and adult seatbelts results in revocation of all privileges for duration of suspended or revoked time frame.
The Department of Motor Vehicles will take no action for equipment violations (taillights, mufflers) and parking violations while on a Conditional license. However, the license does not bestow commercial privileges (CDL) which are suspended for a minimum of one year regardless of the type of vehicle you were operating when arrested. Truck drivers, cabbys, delivery persons cannot work in their normal occupations. Record of conviction remains on abstract 10 years. Canada will not allow US drivers convicted of drug/alcohol to drive into Canada!
REFUSAL TO BLOW OR GIVE BLOOD OR URINE SAMPLE: If the refusal is sustained at separate DMV Hearing, it will result in loss of NY license for one year and incur a $750 civil penalty. No conditional license is available after a refusal finding. For your information New York does not recognize out of state refusals for New York drivers stopped in a sister state.
Death or serious injury to another while intoxicated (.08+) could result in a 20 year jail term and heartbreak for you, your family and that of your innocent victim(s)! Up to one year in jail possible if bac greater than .18, 6 months and possible jail time for readings of .08 through .18 especially if aggravating circumstances such as reckless driving or a high speed. Probation on a misdemeanor is three years while Felony probation is five years.
Up to quadruple rate increases not only of your auto policy but homeowners, umbrella and key man insurance policies if not dropped altogether! Auto Policy includes all members of household.
A conviction may incur vehicle forfeiture penalties, challenge immigration issues, prejudice child custody and support proceedings, cause the surrender of firearm permits, deny workman’s compensation, and could result in insurance no fault first party benefits denial since operating under the influence violates auto insurance agreement.
Conviction of DWI by an adult is a misdemeanor conviction. It is a lifetime criminal record. A second DWI arrest within 10 years of last conviction results in a Felony charge. If convicted of a felony, one cannot practice as a professional. Driving While Intoxicated (DWI) is operating with a blood alcohol content (bac) of .08 of 1%. Driving While Abilty Impaired (DWAI) is a traffic infraction, not a crime, is charged with "bac" readings of .05 to .07. when impaired operation is shown. DWI on a commercial vehicle is .06 and DWAI is .04!
A mandatory alcohol abuse screening for a blow of .08., and Mandatory treatment if chemical tests reveal a "bac" reading of greater than .15.
If convicted of a DWI a drivers' privileges are revoked for a minimum of six (6) months. If granted conditional privileges, at the Commissioner’s discretion, for which a motorist is eligible only once every five (5) years, the conditional license will be valid only for work, school, child care, medical and dental for you and members of your household plus three personal hours a week. Granting of conditional privileges requires attendance at the Drinking Driver Program 2 hours weekly for seven weeks at a cost of $175. The license is $75. Conviction of any violation, including cell phone and adult seatbelts results in revocation of all privileges for duration of suspended or revoked time frame.
The Department of Motor Vehicles will take no action for equipment violations (taillights, mufflers) and parking violations while on a Conditional license. However, the license does not bestow commercial privileges (CDL) which are suspended for a minimum of one year regardless of the type of vehicle you were operating when arrested. Truck drivers, cabbys, delivery persons cannot work in their normal occupations. Record of conviction remains on abstract 10 years. Canada will not allow US drivers convicted of drug/alcohol to drive into Canada!
REFUSAL TO BLOW OR GIVE BLOOD OR URINE SAMPLE: If the refusal is sustained at separate DMV Hearing, it will result in loss of NY license for one year and incur a $750 civil penalty. No conditional license is available after a refusal finding. For your information New York does not recognize out of state refusals for New York drivers stopped in a sister state.
Death or serious injury to another while intoxicated (.08+) could result in a 20 year jail term and heartbreak for you, your family and that of your innocent victim(s)! Up to one year in jail possible if bac greater than .18, 6 months and possible jail time for readings of .08 through .18 especially if aggravating circumstances such as reckless driving or a high speed. Probation on a misdemeanor is three years while Felony probation is five years.
Up to quadruple rate increases not only of your auto policy but homeowners, umbrella and key man insurance policies if not dropped altogether! Auto Policy includes all members of household.
A conviction may incur vehicle forfeiture penalties, challenge immigration issues, prejudice child custody and support proceedings, cause the surrender of firearm permits, deny workman’s compensation, and could result in insurance no fault first party benefits denial since operating under the influence violates auto insurance agreement.