Driver Responsibility Assessment In New York

Any person who either (a) is convicted of a DWAI or a DWI or (b) is found to have refused to submit to a chemical test is liable to the DMV for payment of a driver responsibility assessment.

Such driver responsibility assessment applies in addition to any fines, fees, penalties and surcharges authorized by law.

The amount of the driver responsibility assessment is $250 a year for 3 years. In the event that the person is both convicted of a violation of DWAI or DWI and found to have refused a chemical test in connection with the same incident, only one driver responsibility assessment will be imposed.

If you need help for a DWI or DWAI in New York, contact us at 1 800 879 6410 for a free consultation.

What Is A 20-Day Stay Order?

When a person is sentenced for a DWI or DWAI at sentencing an individual is required to hand over to the court their drivers license.

The judge has the discretion to grant a 20 day stay. A 20 day stay is a period of time granted by the sentencing judge to allow a person 20 days to apply for a conditional drivers license through the Department of Motor Vehicles.

A good DUI attorney will typically ask the court for the 20 day stay if you were convicted for a DWI or DWAI. If you need assistance for a DWI or DWAI in New York call 1 800 879 6410.

Are There Mandatory Fines For DWI or DWAI?

Yes, there are mandatory surcharges and crime victim assistance fees that will have to be paid.

When a person is convicted of DWAI as a traffic infraction, he or she is subject to the following surcharges:

1. A mandatory surcharge of $55;

2. A crime victim assistance fee of $5;

3. An additional $25 surcharge;

4. If the case is in either a Town or Village Court, an additional $5 surcharge is added.

5. Plus another additional surcharge of $170.

In sum, if the case is in a Town or Village Court, the mandatory surcharge for a DWAI traffic infraction is $260; otherwise, the mandatory surcharge for a DWAI traffic infraction is
$255.

Where a person is convicted of misdemeanor DWAI, DWI or DWAI Drugs, he or she is subject to the following surcharges:

1. A mandatory surcharge of $175;

2. A crime victim assistance fee of $25;

3. An additional $25 surcharge;

4. If the case is in either a Town or Village Court, another
additional $5 surcharge; and

5. And another additional surcharge of $170.

In sum, if the case is in a Town or Village Court, the mandatory surcharge for a misdemeanor is $400; otherwise, the mandatory surcharge for a misdemeanor is $395.

Where a person is convicted of a Felony DWI or DWAI Drugs he or she is subject to the following surcharges:

1. A mandatory surcharge of $300;

2. A crime victim assistance fee of $25;

3. An additional $25 surcharge; and

4. Another additional surcharge of $170.

In sum, the mandatory surcharge for a felony is $520.

If you need a highly experienced NY DWI Attorney, give us a call at 1 800 879 6410.

A Second DWI In New York

I recently received a call from an individual that had been arrested for his second DWI in New York in a four year period. He wanted to know if it was possible to NOT hire a lawyer and still avoid going to jail.

I told him….without question – get a good NY DWI Lawyer.

A second DWI in New York is an indictable offense. And if a person chooses to go to court without a pro representing them….they’re likely to not be walking out. They’ll be heading to jail.

If you’ve been arrested for DWI in the past, and get arrested again for that offense, get the best DUI defense attorney you can find.

Call us at 1 800 879 6410 for a free consultation – and find out what you’re really facing.

Consequences Of A DWI Charge And Marijuana Possession

Yes, both charges are serious and should be taken seriously. DWI charges carry a potential loss of drivers license, fines and potential jail time.

Marijuana charges should be taken seriously but can be handled in such a way where the consequences can be minor. You do not want to wind up with a criminal record if you can avoid it.

If you have been arrested for DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of what you’re facing.

Will I Have To Get An Interlock Device?

Yes, you will.

The installation of an ignition interlock device rules apply to any motorist charged with DUI/DWI after December 18, 2009, and convicted or pleading guilty after August 15, 2010.

Besides the interlock device, there are a number of other serious issues your going to face, so it just makes sense to get the best New York DWI Attorney you can. Why not call us at 1 800 879 6410 for a FREE consultation…and find out what you’re really facing.

I Was Charged With A DWI With A BAC of .05%. Should I Plead Not Guilty?

Certainly – you should plead not guilty and hire an attorney that can represent you that understands how to defend DWI cases.

As a matter of law a BAC or blood alcohol content of .05% is not a DWI but a DWAI, driving while ability impaired, which is merely a traffic infraction and not a crime.

The penalties are much less severe for a DWAI. Depending on the facts of your particular case you may decide to challenge the findings and go to trial.

If you need a professional yet affordable New York DWAI attorney, give us a call at 1 800 879 6410.

Arrested For DWI In New York? What Do You Do Now?

Being arrested and charged with a DUI/DWI is a stressful experience. Everyone knows that a conviction carries with it some very serious potential consequences. Your first reaction is to be overwhelmed. You say to yourself, “What do I do now?” What many people don’t know is that once you understand the process you can more easily manage the problem.

Part 1 – Can Police Officer Observations Be Challenged?

Prior to a police officer pulling you over, he may have already reached several conclusions based upon observations he has made even before he approached you in our vehicle. These conclusions may be incorrect and should be challenged in court.

The officer may have observed your driving behavior or a violation of the vehicle and traffic law. These observations, while important to the police and the prosecutor, can and should be challenged by an experienced attorney.

Part 2 Next…..

If you have been arrested for DWI in NY, do yourself a favor and call an experienced New York DWI Attorney.
If you’d like a no-nonsense call to get your questions answered, call us at 1 800 879 6410.