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DWI/DUI2018-05-27T20:02:42-04:00

THE DWI/DUI ATTORNEY YOU NEED

DWI and DWAI cases are some of the most tedious types of cases in the State of New York as there are many pitfalls to a successful prosecution.

No one knows the difficulty of proving a DWI more than a former prosecutor who has literally handled hundreds of DWI and DWAI cases.

Over the course of his career Shane Hug has handled hundreds of DWI cases and has learned all of the technical knowledge necessary to help people receive the best possible result when charged with a DWI or DWAI.

Let Shane bring his years of courtroom experience to assist you in your case.

Being convicted of a DWI or DWAI can have far reaching results on your ability to possess a license as well as on your career.

If you want to be represented by one of the best DWI lawyers in Albany then contact Shane Hug at (518) 396-5849 for a free consultation.

CONTACT

DISCUSS YOUR CASE FOR FREE
518-396-5849

NOTABLE DWI CASES

  • People v Austin A.
    • Charged w/ Felony DWI (Class E Felony)
    • Potential Sentence = 1 1/3 – 4 years
    • Charge Dismissed

NYS PENALTIES FOR ALCOHOL OR DRUG-RELATED VIOLATIONS

Disclaimer: The following information in this section was copied exactly as it appeared on dmv.ny.gov on August 1, 2017 for informational/reference purposes and is subject to change at any time. For the most current information, please visit https://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations.

Driving while intoxicated is a crime. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions

  • the amount of alcohol you drink
  • the amount of food you eat before or while you drink alcohol
  • the length of time you drink alcohol
  • your body weight
  • your gender

There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.


Types of alcohol and drug-related violations in New York State

  • 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
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol)
    More than .05 BAC but less than .07 BAC, or other evidence of impairment.
  • 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)
  • 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 who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

Penalties for alcohol or drug-related violations

In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.

Violation
Mandatory Fine
Maximum
Jail Term
Mandatory Driver License Action
Aggravated Driving While Intoxicated (AGG DWI) $1,000 – $2,500 1 year Revoked for at least one year
Second AGG DWI in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least 18 months
Third AGG DWI in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least 18 months
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) $500 – $1,000 1 year DWI – Revoked for at least six months
DWAI-Drugs – Suspended for at least six months
Second DWI or DWAI-Drug violation in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least one year
Third DWI or DWAI-Drug violation in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least one year
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) $500 – $1,000 1 year Revoked for at least six months
Second DWAI-Combination in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least one year
Third DWAI-Combination in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least one year
Driving While Ability Impaired by Alcohol (DWAI) $300 – $500 15 days Suspended for 90 days
Second DWAI violation in 5 years $500 – $750 30 days Revoked for at least six months
Third or subsequent DWAI within 10 years (Misdemeanor) $750 – $1,500 180 days Revoked for at least six months
Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None Suspended for six months
Second Zero Tolerance Law $125 civil penalty and $100 re-application fee None Revoked for one year or until age 21
Chemical Test Refusal $500 civil penalty ($550 for commercial drivers) None Revoked for at least one year, 18 months for commercial drivers.
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal $750 civil penalty None Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.
Chemical Test Refusal –
Zero Tolerance Law
$300 civil penalty and $100 re-application fee None Revoked for at least one year.
Chemical Test Refusal –
Second or subsequent Zero Tolerance Law
$750 civil penalty and $100 re-application fee None Revoked for at least one year.
Driving Under the Influence  (Out-of-State) N/A N/A Revoked 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 N/A N/A Revoked 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

  • greater penalties can also apply for multiple alcohol or drug violations within a 25-year period
  • surcharges are added to alcohol-related misdemeanors ($260) and felonies (generally $400, but varies slightly depending on court of conviction)
  • three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years
  • a driver with an Aggravated DWI violation conviction 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 with the prior 10 years will receive a minimum 18-month revocation
  • a driver convicted of an Aggravated DWI, DWI, DWAI/Drug, DWAI/combination, vehicular assault and aggravated vehicular assault, or vehicular manslaughter and vehicular homicide three or more times in the preceding 15 year period is guilty of a Class D felony

For more information, see You and the Drinking Driving Laws.

TYPES OF CASES WE HANDLE

CRIMINAL LAW

HOMICIDE

ASSAULT

ROBBERY

BURGLARY

WEAPONS CHARGES

DRUG CRIME DEFENSE

SEX OFFENSES

LARCENY/THEFT

DUI/DWI

VEHICLE TRAFFIC LAW

OTHER OFFENSES

“Entering a courtroom on your own can be a confusing and frightening experience. Appearing in court without an experienced lawyer can be detrimental to your case. More often than not, having a seasoned trial attorney in your corner is the difference between a favorable disposition and a poor outcome. If you find yourself charged with a crime, or if you have been injured in an accident or while at work, then you need someone with real courtroom experience who is committed to fighting for you. I have spent my career fighting for people and if I can be of service to you or your family then please contact me.”

Shane Hug • Criminal Defense Attorney

QUESTIONS ABOUT CRIMINAL CHARGES? ASK SHANE.

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