DWI DUI Traffic Violations Hamptons and Suffolk County Criminal Defense Attorney | Penalties for Felony Offenses of DWI, Aggravated DWI, DWAI Drugs, or DWAI Combined Influence
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Penalties for Felony Offenses of DWI, Aggravated DWI, DWAI Drugs, or DWAI Combined Influence

If you are charged with DWI , Aggravated DWI, DWAI Drugs or DWAI Combined Influence after having been convicted of one of those offenses (or Vehicular Assault or Vehicular Manslaughter) within the past 10 years, you can be charged with a class E felony, and face the following potential consequences:

1. A fine of between $1,000 and $5,000, up to 4 years in state prison, or both;

2. A period of probation of 5 years;

3. Revocation of your driver’s license for at least 1 year. In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before it will ever relicense you;

4. Note that while DMV will revoke your license for at least 1 year, the Court can also, as a condition of probation, prohibit you from driving while you are on probation. If that is the case, DMV will not relicense you until you submit proof that this condition of probation has been removed;

5. Discretionary revocation of your registration for at least 1 year;

6. A surcharge of $520;

7. A driver responsibility assessment of $250 a year for 3 years;

8. A requirement that you attend a Victim Impact Panel; and a requirement that you install and maintain a functioning ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.

If your predicate conviction was within the past 5 years, you are subject to the following additional mandatory penalties:

1. 5 days in jail or 30 days of community service;

2. You must install an ignition interlock device in each motor vehicle you own or operatee; during the license revocation period and upon the termination of such revocation period, for an additional period as determined by the Court; and you must receive an alcohol or substance abuse assessment, which may result in the imposition of treatment as a condition of a sentence of probation or conditional discharge.

If the new charge is more than 5 years from your prior conviction, you may be eligible for a conditional license. However, even if you are eligible to drive, the Court may prohibit you from doing so as a condition of probation.

If you are charged with DWI , Aggravated DWI, DWAI Drugs or DWAI Combined Influence after having been convicted of one of those offenses (or Vehicular Assault in the 1st or 2nd degree or Vehicular Manslaughter) TWICE within the past 10 years, you can be charged with a class D felony, and face the following potential consequences:

1. A fine of between $2,000 and $10,000, up to 7 years in state prison, or both;

2. A period of probation of 5 years;

3. Revocation of your driver’s license for at least 18 months. In addition, DMV will require evidence of alcohol rehabilitation before it will ever relicense you;

4. Note that while DMV will revoke your license for at least 18 months, the Court can also, as a condition of probation, prohibit you from driving while you are on probation. If that is the case, DMV will not relicense you until you submit proof that this condition of probation has been removed;

5. Discretionary revocation of your registration for at least 1 year;

6. A surcharge of $520;

7. A driver responsibility assessment of $250 a year for 3 years;

8. A requirement that you attend a Victim Impact Panel; and a requirement that you install and maintain a functioning ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.

If your predicate DWI convictions were within the past 5 years, you are subject to the following additional mandatory penalties:

1. 10 days in jail or 60 days of community service;

2. You must install an ignition interlock device in each motor vehicle you own or operate; during the license revocation period and upon the termination of such revocation period, for an additional period as determined by the Court;

3. You must receive an alcohol or substance abuse assessment, which may result in the imposition of treatment as a condition of a sentence of probation or conditional discharge.