Hiring a DWI Attorney in the Hudson Valley

Hiring a DWI Attorney in the Hudson Valley

 

Whether you plan to plead innocent or admit guilt, you will want to hire a DWI attorney as soon as possible.  Natasha Turner DuBois specializes in DWI defense.  If you have been charged with DWI, DWAI Drugs, Aggravated DWI, Vehicular homicide or manslaughter in Orange County, Dutchess County, Dutchess County, Rockland County, Ulster County or Sullivan County, then Natasha Turner DuBois is an experienced DWI attorney who can defend your case.

Drunk driving, formally called driving while intoxicated (DWI) in New York, is a serious crime. NY will suspend your license, impose expensive fines, and even put you in jail if you drink and drive.

New York State Department of Motor Vehicles provides the following guidelines and information about DWIs:

DWI & BAC:

To determine whether you’re legally driving while intoxicated, the state uses your blood alcohol concentration, or BAC.

Law enforcement will charge you with DWI if your BAC is:

  • 0.08% and you’re 21 years old or older.
  • 0.04% and you’re driving a commercial motor vehicle.
  • 0.02% and you’re younger than 21 years old.

Additional Drug and Alcohol Crimes

DWI is just one charge associated with driving under the influence.

Depending on your BAC and other factors, you could face:

  • DWAI/Alcohol: The name for Driving While Ability Impaired specifically by alcohol.
  • DWAI/Drugs: The specific name for Driving While Ability Impaired by a drug other than alcohol.
  • DWAI/Combination: The specific name for Driving While Ability Impaired by both alcohol and other drugs.
  • Aggravated DWI (A-DWI): Being charged with aggravated driving by having a 0.18% BAC or higher.

Penalties for these additional drug and alcohol crimes vary, as do those for other related crimes, like chemical test refusal and breaking the Zero Tolerance Law.

 

DWI Penalties: Younger Than 21

If you’re younger than 21 years old and you’re caught driving with a BAC of 0.02% or higher, you’ve broken NY’s Zero Tolerance Law.

1st Offense

  • Suspended license for 6 months.
  • $125 civil penalty.
  • $100 fee for suspension termination.
  • Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).
  • Possible ignition interlock device installation, and all associated costs (see below).

2nd Offense

  • License revocation for 1 year (or until you turn 21 years old).
  • $125 civil penalty.
  • $100 fee for suspension termination.
  • Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).
  • Possible ignition interlock device installation, and all associated costs (see below).

DWI Penalties: 21 and Older

DWAI/Alcohol

1st Offense

  • License suspension for 90 days.
  • A $300 – $500 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
  • Up to 15 days in jail.
  • Possible enrollment in the New York Drinking Driver Program (DDP) and fines and court surcharges.

2nd Offense

If you get a second DWAI/Alcohol charge in 5 years, you face:

  • License revocation for at least 6 months.
  • A $500 – $750 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
  • Up to 30 days in jail.
  • Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

 

DWI and DWAI/Drugs

DWI and DWAI/Drugs carry the same penalties.

1st Offense

  • DWI: License revocation for 6 months.
  • DWAI: License suspension for 6 months.
  • A $500 – $1,000 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
  • Up to 1 year in jail.
  • Possible enrollment in the New York Drinking Driver Program (DDP) and fines and court surcharges.

2nd Offense

You face these penalties if you commit another DWI or DWAI/Drugs offense within 10 years of the first violation:

  • License revocation for at least 1 year.
  • A $1,000 – $5,000 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
  • Up to 4 years in jail, with a minimum of 5 days in jail or 30 days of community service.
  • A Class E felony.
  • Possible enrollment in the New York Drinking Driver Program (DDP) and fines and court surcharges.

DWAI/Combination

DWAI/Combination means you were driving under the influence of both alcohol and drugs.

1st Offense

  • License revocation for at least 6 months.
  • A $500 – $1,000 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
  • Up to 1 year in jail.
  • Possible enrollment in the New York Drinking Driver Program (DDP) and fines and court surcharges.

2nd Offense

A second offense DWAI/Combination is when you are charged again within 10 years of the last conviction.

  • License revocation for at least 1 year (18 months).
  • A $1,000 – $5,000 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
  • Up to 4 years in jail.
  • Class E Felony.
  • Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

Aggravated DWI

If your BAC is 0.18% or higher, you’ll get an Aggravated DWI―or A-DWI.

1st Offense

  • License revocation for at least 1 year.
  • A $1,000 – $2,500 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
  • Up to 1 year in jail.
  • Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

2nd Offense

A second offense in 10 years brings:

  • License revocation for at least 18 months.
  • A $1,000 to $5,000 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years. This is part of the state’s Driver Responsibility Program.
  • Up to 4 years in jail.
  • A Class E Felony.
  • Possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs (see below).

Commercial Drivers

CDL holders cannot legally operate commercial vehicles with a BAC of 0.04% or higher. Doing so brings much more severe penalties than those that regular passenger drivers may experience―fines are higher and permanent license revocation is swifter.

 

Other DWI Penalties

Chemical Test Refusal Penalties

Per NY’s Implied Consent Law, you give your consent to have your blood, breath, urine, or saliva tested for alcohol or drugs if an officer stops you.

NOTE: In addition to the fines and other penalties listed below, anyone convicted of refusing a chemical test must also pay a minimum $250 annual assessment fine for 3 years as part of the state’s Driver Responsibility Program.

1st Offense

  • License revocation for at least 1 year (18 months for commercial drivers).
  • $500 civil penalty ($550 civil penalty for commercial drivers). You must pay this before you can reapply for your license.

2nd Offense

Refusing a chemical test within 5 years of a previous chemical test refusal or another DWI-related charge constitutes a second offense and carries the following penalties:

  • $750 civil penalty.
  • License revocation for at least 18 months (permanent CDL revocation).

Zero Tolerance Chemical Test Refusal

If you are younger than 21 years old and you violate the Zero tolerance law by refusing a chemical test, you face the following consequences:

1st offense:

  • $300 civil penalty.
  • $100 to reapply for your license.
  • License revocation for at least 1 year.

2nd offense:

  • $750 civil penalty.
  • $100 fee to reapply for your license.
  • License revocation for at least 1 year.

Ignition Interlock Device

Your judge might order you to use an ignition interlock device (IID) as part of a probation or to make you eligible for a conditional license.

Generally, NY requires drivers to purchase and install their own IIDs. Drivers also are responsible for any costs related to the monthly fee, switching the IID to another vehicle, and uninstalling the IID.

Enrolling in the Drinking Driver Program

New York’s Drinking Driver Program (DDP) is the state’s DWI program. It’s a DWI-specific school that consists of weekly classroom sessions and the following enrollment fees:

  • $75 fee, made payable to the Department of Motor Vehicles.
  • Up to $225 in additional fees, made payable to the DDP program you attend and due on the first day of class.

Car Insurance and Proof of Financial Responsibility

Unlike some other states, New York doesn’t require drivers with DWI convictions to file an SR 22, the financial responsibility certificate that shows you’re carrying the state’s required minimum liability insurance. However, that doesn’t mean there are no insurance consequences.

You can be charged higher insurance rates once you have a DWI conviction on your driving history.

Applying for a Conditional License

All DWI offenses can leave you with a suspended license―but some drivers are eligible for conditional licenses, which sometimes require IIDs.

Typically, you can get a conditional license if:

  • This is your first DWI or DWAI conviction.
  • You enroll in the Drinking Driver Program.

 

Natasha Turner DuBois routinely handles DWI cases in Newburgh, New Windsor, Cornwall, Middletown, Port Jervis, Wallkill, Walden, Montgomery, Maybrook, Pine Bush, Circleville, Chester, Warwick, Goshen, Monroe, Crawford, Harriman, Central Valley, New Paltz, Gardiner, Kingston, Highland, Marlborough, Milton, Plattekill, Modena, Poughkeepsie, Beacon, Wappingers Falls, Fishkill, and Hopwell Junction, and more.