Nassau County DWI lawyer Russ Kofman (https://www.lebedinkofman.com/penalties-for-alcohol-or-drug-related-violations/) of Lebedin Kofman LLP provides an in-depth look at the harsh consequences of alcohol- and drug-related driving offenses in New York. The state enforces strict laws under NY VTL § 1192, imposing severe penalties on those convicted of Driving While Intoxicated (DWI) or Driving While Ability Impaired (DWAI). These legal consequences extend beyond fines and jail time, affecting an individual’s driving privileges, employment prospects, and personal life.
With years of experience defending individuals charged with DWI offenses, Nassau County DWI lawyer Russ Kofman emphasizes the importance of understanding the law and securing a strong defense. Kofman explains that a conviction can lead to substantial fines, a revoked or suspended driver’s license, and increased insurance costs. Additionally, long-term effects, such as damage to one's reputation and difficulty obtaining employment, make it crucial to handle these charges properly.
Nassau County DWI lawyer Russ Kofman further details the key distinctions between DWI and DWAI offenses in New York. DWI applies to individuals operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher or displaying clear signs of intoxication. In contrast, DWAI is categorized into three types: Alcohol-DWAI (BAC between 0.05% and 0.07%), Drug-DWAI (impairment due to drug use), and Combination-DWAI (impairment caused by both alcohol and drugs). Each offense carries varying levels of penalties, and even first-time offenders face significant legal repercussions.
For those convicted of DWI for the first time, the penalties include fines ranging from $500 to $1,000, up to one year in jail, and a minimum six-month driver’s license revocation. DWAI offenses, while considered less severe, still result in fines, potential jail time, and license suspensions.
However, repeat offenders face increasingly strict penalties. A second DWI conviction within ten years is classified as a Class E felony, with fines of up to $5,000, up to four years in prison, and a license revocation of at least one year. A third conviction within ten years escalates the offense to a Class D felony, carrying fines as high as $10,000, up to seven years in prison, and a mandatory license revocation of at least 18 months.
Additionally, Nassau County DWI lawyer Russ Kofman highlights the upcoming “Forfeit After Four” policy set to take effect in January 2025. Under this policy, individuals with four or more drug- or alcohol-related driving convictions will face a permanent revocation of their driving privileges. This new law, which lowers the previous threshold from five offenses to four, reflects New York’s commitment to removing repeat offenders from the roads.
Aggravated DWI, a more serious offense, applies when a driver has a BAC of 0.18% or higher or when they drive intoxicated with a passenger under 16 years old, as defined by Leandra’s Law. A first-time Aggravated DWI offense can lead to fines between $1,000 and $2,500, up to one year in jail, and a license revocation of at least one year. Repeat offenses within ten years result in felony charges, higher fines, and longer periods of incarceration.
Nassau County DWI lawyer Russ Kofman also discusses the consequences of refusing a chemical test during a DWI investigation. Under New York’s implied consent law, drivers automatically agree to submit to chemical testing when operating a vehicle. Refusing a test leads to immediate penalties, including a one-year license revocation and a civil fine of $500 for a first offense. Repeat refusals within five years increase the penalties, potentially leading to an 18-month license revocation and a $750 fine.
Drivers under 21 are subject to the Zero Tolerance Law, which imposes penalties for operating a vehicle with any detectable alcohol in their system. A BAC between 0.02% and 0.07% results in a six-month license suspension and civil fines. A second offense leads to a one-year revocation or suspension until the driver turns 21, reinforcing New York’s strict stance against underage drinking and driving.
To further deter underage offenses, young drivers may be required to complete alcohol education programs to regain their driving privileges. These programs aim to educate individuals about the risks associated with impaired driving and encourage responsible decision-making.
Beyond legal penalties, a DWI conviction can have lasting consequences on an individual’s life. Employers frequently conduct background checks, and a criminal record can negatively impact job prospects, even in fields unrelated to driving. Some educational institutions may also consider a DWI conviction when evaluating applicants, potentially limiting access to academic opportunities. Insurance costs also increase significantly after a conviction, as companies view individuals with DWI offenses as high-risk drivers.
With so much at stake, Nassau County DWI lawyer Russ Kofman stresses the importance of legal representation when facing DWI charges. Kofman states, “The consequences of a DWI conviction extend far beyond the courtroom. A strong legal defense is essential in protecting your future, your rights, and your ability to move forward in life.”
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a law firm dedicated to defending individuals facing criminal charges, including DWI and DWAI offenses in New York. With a focus on personalized legal strategies and aggressive defense, the firm has built a strong reputation for protecting clients’ rights. Russ Kofman and the team can work tirelessly to secure the best possible outcomes for those accused of impaired driving offenses.
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