Westchester County FAQ for DWI

What will happen if I refuse to take a chemical test?

If you refuse a chemical test for BAC (Blood Alcohol Content), your license will be suspended at arraignment in court, and revoked for at least one year (second offense, 18 months) at a Department of Motor Vehicles hearing. You will also be subject to a civil penalty of $500 (second offense, $750). A driver under 21 years old who refuses to take a chemical test under the Zero Tolerance Law is subject to a 1–year license revocation and a $300 civil penalty. The penalties and fines for refusing to submit to a chemical test are separate from, and in addition to, the penalties and fines for alcohol or drug–related convictions.

What are the DWI penalties for commercial drivers?

Commercial drivers are unlike regular motorists because they have more responsibilities on their plates. Those who have an A, B or C commercial driver’s license (CDL) are held to higher standards because they operate heavy, large and sometimes dangerous vehicles. Therefore, they are punished extra harshly for having an illegal blood alcohol content of .04 or higher. Keep in mind, this is half the BAC limit (.08) for regular drivers.

If a commercial driver is convicted of DWI, they may lose their CDL and subsequent livelihood. Their profession requires a CDL and without one, a commercial driver will lose their job. Other DWI penalties for commercial drivers include:

• First-time DWI or DWAI conviction with a BAC of .04 or higher: 1-year driver’s license revocation
• Second DWI or DWAI conviction with a BAC of .04 or higher: Lifetime revocation with a chance of waiver after 10 years
• Third DWI or DWAI conviction with a BAC of .04 or higher: Lifetime revocation with no possibility of a waiver

What is the "zero tolerance" law?

This law makes it illegal for a driver under age 21 to have consumed any alcohol. A police officer may temporarily detain you to request or administer a chemical test to determine your Blood Alcohol Content (BAC). If your BAC is .02 to .07 percent, you will be notified to appear at a DMV hearing. If the judge's finding supports the charge, the penalty is a 6–month license suspension, a $125 civil penalty, and a $100 suspension termination fee. Each additional offense will result in your license being revoked for at least one year or until age 21, whichever is longer, plus a $125 civil penalty, and a $100 license re–application fee.

NOTE: If your BAC is .05 percent or greater, the police may charge you with driving while ability impaired (DWAI) or driving while intoxicated (DWI), and may prosecute your arrest in criminal court.

What is the "ignition interlock" program?

A judge can order an ignition interlock device as a condition of a probation period in connection with an alcohol–related conviction. For an Aggravated–DWI offense or any repeat alcohol or drug offense within five years, a judge is required to order the system to be installed on each vehicle owned or operated by the motorist during both the revocation period and any probation period that follows. The judge also must order an alcohol assessment for the repeat offender. If the assessment indicates the need for alcohol treatment, the judge may be required to order completion of the treatment as a condition of probation.

This device, purchased and installed at the expense of the motorist, is connected to a motor vehicle ignition system and measures the alcohol content of the operator’s breath. As a result, the vehicle cannot be started until the driver provides an acceptable sample breath. While using the interlock device, the motorist may be eligible to hold a conditional license. The license will be revoked if the motorist fails to comply with the court’s terms, or for conviction of any traffic offense other than parking, stopping or standing.

License Penalties

In addition to the imposed fine following conviction, most motorists must also pay a mandatory surcharge and a mandatory fee for assistance to crime victims. Not including the fine, the additional required surcharge and fee, combined, may reach hundreds of dollars or more.

Driver Responsibility Assessments

For each of the next three years, you will also have to pay a “Driver Responsibility Assessment” for certain violations that result in a conviction or administrative finding. Your learner permit, driver license, or driving privileges will be suspended if you do not make these payments.

If you are convicted of Aggravated Driving While Intoxicated (Agg–DWI), Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI), or Driving While Ability Impaired by Drugs (DWAI–Drug), or Driving While Ability Impaired by alcohol or drug (DWAI–Combination), or if you are found to have refused to submit to a chemical test, your driver responsibility assessment will be $250 each year.

If you are convicted of one or more traffic violations resulting in six points in any 18–month period, you will be required to pay $100 each year for the next three years. For each additional point accumulated during that period, you will be required to pay another $25 per point every year for three years. For information on how points are assessed, see “The Point System” online at the DMV Internet Office or read Chapter 2 of the New York State Driver’s Manual. Completion of a motor vehicle accident prevention course will not reduce the calculation of points affecting the driver responsibility assessment.

Convictions for Causing Death or Injury

You can be convicted of vehicular manslaughter or vehicular assault if you are found guilty of an alcohol–or drug–related driving violation that causes death or injury. In addition to driver license revocation, each conviction is a felony punishable by imprisonment and fines under New York State Penal law. Increased penalties are required if you have been convicted of an alcohol–or drug–related driving violation that occurred within the previous 10 years.