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Drugged and Drunk Driving in Nassau County

Drugged and drunk driving cases in New York are serious and carry harsh penalties and punishments. A conviction in a drunk driving case can change the rest of your life, whether it is a misdemeanor or a felony. You could face incarceration, steep fines or both. In addition, your driver's license could be suspended or revoked, which could have consequences in all aspects of your life.

After an arrest for any type of drug or alcohol violation, contact an experienced criminal defense attorney at Law Office of Stephanie Selloni. Many of these crimes for drunk or drugged driving come with harsh penalties and punishments. You must act quickly to preserve your rights, contest the administrative suspension and defend against the criminal charges in court.

Call Stephanie Selloni at 516-972-1212 to discuss your arrest for any DWI or DWAI offense in Nassau County, or the rest of Long Island, N.Y.


Information on Drugged and Drunk Driving Charges in New York


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Definitions of Drugged and Drunk Driving Under New York Law

New York law sets out several different types of alcohol-related and drug-related violations and crimes. The violations and penalties are determined by how the driver was impaired, whether it was drugs, alcohol or both. The violations and crimes also are divided by the amount of alcohol in the driver's system. The violations and crimes include:

  • Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
  • Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
  • Driving While Intoxicated (DWI)
    • .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication.
    • For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication
  • Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher
  • Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine)
  • Zero Tolerance Law: A driver under 21 years of age who drives with a BAC between .02 and.07 percent violates the Zero Tolerance Law

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Penalties for Drugged-Related and Alcohol-Related Violations

New York law also provides for a variety of penalties and punishments for alcohol and drug-related crimes and violations. These penalties and punishments often include a mandatory fine, a statutory maximum jail term, and a mandatory driver's license action. The best way to fight to avoid these penalties is by hiring an experienced criminal defense attorney.

  • Driving While Ability Impaired by Alcohol (DWAI): $300 to $500 fine, 15 days max jail term, mandatory driver's license action includes suspension for 90 days.
    • Second DWAI violation in 5 years: $500 to $750 fine, 30 days max jail term, driver's license revoked for at least six months.
    • Third or subsequent DWAI within 10 years (Misdemeanor): $750 to $1,500 fine, 180 days max jail term, driver's license revoked for at least six months.
    • Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination): $500 to $1,000 fine, 1-year jail term, driver's license revocation for at least six months.
    • Second DWAI/Combination in 10 years (E felony): $1,000 to $5,000 fine, 4 years max jail term, driver's license revoked for at least one year/18 months.
    • Third DWAI/Combination in 10 years (D felony): $2,000 to $10,000 fine, 7 years max jail term, driver's license revoked for at least one year/18 months.
  • Aggravated Driving While Intoxicated (A-DWI): $1,000 to $2,500 fine, 1-year max jail term, driver's license revoked for at least one year.
    • Second A-DWI in 10 years (E felony): $1,000 to $5,000 fine, 4 years max jail term, driver's license revoked for at least 18 months.
    • Third A-DWI in 10 years (D felony): $2,000 to $10,000 fine, 7 years max jail term, driver's license revoked for at least 18 months.
    • Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug): $500 to $1,000 fine, 1-year max jail term, for DWI the license is revoked for at least six months and for DWAI-Drugs the license is suspended for at least six months.
  • Second DWI/DWAI-Drug violation in 10 years (E felony): $1,000 to $5,000 fine, 4 years max jail term, driver's license revoked for at least one year.
  • Third DWI/DWAI-Drug violation in 10 years (D felony): $2,000 to $10,000 fine, 7 years max jail term, driver's license revoked for at least one year.
  • Zero Tolerance Law: $125 penalty plus $100 fee with a driver's license suspension for six months.
    • Second Zero Tolerance Law: $125 penalty plus $100 fee with a driver's license revocation for one year or until age 21 (whichever is longer).
  • Chemical Test Refusal -Zero Tolerance Law: $300 penalty plus $100 fee with a driver's license revocation for at least one year.
    • Chemical Test Refusal -Second or subsequent Zero Tolerance Law: $750 penalty plus $100 fee wth a driver's license revocation for at least one year.
    • Chemical Test Refusal: $500 civil penalty or $550 for commercial drivers with a revocation for at least one year or 18 months for commercial drivers.
    • Chemical Test Refusal within 5 years of a previous DWI-related charge/Chemical Test Refusal: $750 civil penalty with a driver's license revocation for at least 18 months, one year or until age 21 for drivers under age 21, with a permanent CDL revocation for commercial drivers.
  • Driving Under the Influence (Out-of-State): license revocation for at least 90 days. If less than 21 years of age, revoked at least one year.
    • Driving Under the Influence (Out-of-State) with any previous alcohol-drug violation: revocation for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).

Additional penalties apply for multiple alcohol or drug violations within a 25-year period. A surcharge of $260 is added to alcohol-related misdemeanors and $400 for felonies.

If the person has three or more alcohol or drug-related convictions or refusals within 10 years it can result in permanent revocation, with a waiver request permitted after at least 5 years.

A person convicted of Aggravated DWI within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also, a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination within the prior 10 years will receive a minimum 18-month revocation.


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Finding an Attorney for Drugged and Drunk Driving in Nassau County

If you were charged with any drugged driving or drunk driving crime in Long Island or in Nassau County, contact an experienced criminal defense attorney. Stephanie Selloni at Law Office of Stephanie Selloni can help you fight your charges from the administrative license revocation hearing with the DMV through a trial on the criminal charges.

Call 516-972-1212 to discuss your case and learn more about the best way to fight to avoid those penalties.

DWI DWAI Penalties in New York Nassau County