DWI SENTENCING ISSUES
WHEN IS MY LICENSE SUSPENDED?
Following a conviction to Driving While Ability Impaired by alcohol (DWAI) the license is suspended for ninety days. The defendant has been conviction of a criminal violation. This is neither a misdemeanor or a felony. There is no criminal record and does not show up on most background checks.
This is not the case for DWAI drugs as that is a misdemeanor offense. (See Revocations)
WHEN IS MY LICENSE REVOKED?
Following a misdemeanor conviction for Driving While Intoxicated (DWI) or Driving While Ability Impaired by Drugs (DWAI drugs) the motorist s license is revoked for at least six months. If the misdemeanor conviction is for Aggravated DWI the revocation is for twelve months.
The misdemeanor conviction for DWI with a Commercial Drivers License typically results in a eighteen month revocation.
Following a felony conviction for Driving While Intoxicated (DWI) or Driving While Ability Impaired by Drugs (DWAI drugs) the motorist s license is revoked for one year to eighteen months.
It should be noted that repeat offenders will face an additional waiting period and a period with the Ignition Interlock Device. (See Repeat Offenders)
IF MY LICENSE IS SUSPENDED OR REVOKED CAN I GET A CONDITIONAL?
It depends. If the motorist has a prior alcohol related offense or refusal within the preceding five years you will not be eligible to obtain a conditional license at sentencing.
If you do not have a prior conviction in the preceding five years you should be eligible for a conditional license to drive to and from work, to and from medical appointments, job sites and there is a four hour window per week of non restricted driving.
If eligible, you must enroll in the Impaired Driver Program (IDP) (formerly called the Drinker Driver Program), a seven week class, to obtain a conditional license. A motorist is only eligible to take this course once in five years. The program may or may not require that you obtain a evaluation and begin treatment.
DO I HAVE TO PUT AN IGNITION INTERLOCK DEVICE IN MY CAR?
Today the Ignition Interlock Device (IID) applies to all misdemeanor and felony convictions for Driving While Intoxicated (DWI), Driving While Intoxicated with a blood alcohol level of .08% or greater (DWI per se), Aggravated Driving While Intoxicated with a blood alcohol level of .18% or greater (Aggravated DWI). It must be installed within ten business days of sentence. Many courts will not grant a conditional license or a twenty day stay without proof that the IID is already installled. Proof of installation must be sent to the probation department.
Interestingly it does not apply to Driving While Ability Impaired by drugs. (DWAI drugs)
While the probation department in the county will supervise the monthly monitoring of the IID a motorist is not necessarily on probation. If you are sentenced to a Conditional Discharge (CD) you still will be monitored by the probation department.
IF I RESIDE IN ANOTHER STATE MUST I HAVE A IGNITION INTERLOCK DEVICE?
Yes. The IID applies to all misdemeanor and felony DWI convictions. If you are sentenced here in New York but you reside in another state you still will have to have the Ignition Interlock Device installed on your car and it will be monitored by the probation department here in New York.
CAN I AVOID THE IGNITION INTERLOCK DEVICE IF I GO TO JAIL?
No. If you are incarcerated the court will still issue an order for the ignition interlock device (IID). The order for the IID will run concurrent with the jail sentence and when released from jail the defendant must comply with the IID installation. The IID need not be installed while the defendant is incarcerated.
The IID law applies to any vehicle registered or titled in the defendant s name. If the defendant does not have a vehicle titled or registered in his name the defendant must have a IID installed in any vehicle operated by him or her.
CAN AN IGNITION INTERLOCK DEVICE BE SET OFF WITHOUT ALCOHOL?
Yes. There are many products on the market that are consumed orally or applied to the body which can set off an ignition interlock device (IID). Further, the motorist does not have to be intoxicated to set off the IID. With a trace amount of alcohol the device indicates that there is alcohol and that report is sent to the court. We have had innumerable clients who consumed alcohol a night before and tried to drive the next day and there is an odor on their breath which sets off the device.
WILL A CONVICTION PREVENT ME FROM TRAVELING TO OTHER COUNTRIES?
Yes. A conviction for an alcohol related offense will preclude the motorist from entry into Canada. Five years after the date of sentence the motorist can apply to the Canadian Consulate with proof that he/she has been rehabilitated.
Application for a waiver may be obtained through the Canadian Consulate in advance of a trip. We recommend that the motorist apply rather than risk being denied entry at the border.