Penalties

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Penalties

The penalties you are facing may be severe

DRUG/ALCOHOL RELATED DRIVING OFFENSES

Penalties for Alcohol-related and Drug-related Violations
Violation	Mandatory Fine Range	Possible Jail Time	Mandatory Driver License Action
Operating While Intoxicated (DWI)	$500 - $1,000	1 year	Revoked for at least six months. If CDL: 1 year revocation & 1 year CDL disqualification
Second DWI violation in 10 years (E felony)	$1,000 - $5,000	4 years	Revoked for at least one year Permanant CDL disqualification
Third DWI violation in 10 years (D felony)	$2,000 - $10,000	7 years	Revoked for at least one year Permanant CDL disqualification
Operating While Ability Impaired alcohol (DWAI)	$300 - $500	15 days	Suspended for 90 days If CDL 1 year revocation 1 year CDL disqualification
Second DWAI violation in 5 years	$500 - $750	30 days	Revoked for at least six months
Zero Tolerance Law (Under age 21)	$125 civil penalty and $100 fee to terminate suspension	None	Suspended for six months
Second Zero Tolerance Law (Under age 21)	$125 civil penalty and $100 re-application fee	None	Revoked for one year or until age 21
Driving While Impaired - Commercial Motor Vehicle - Per Se Level I .04-.07 BAC	$300 -$500	15 days Violation	1 Year CDL disqualification 1 year CDL revocation
Driving While Impaired - Commercial Motor Vehicle - Per Se Level lI .07-.under .08 BAC	$500-1500	180 days Misdemeanor
Chemical Test Refusal	$300 civil penalty and $50 re-application fee	None	Revoked for six months Under 21 - 1 year revocation If Commercial Vehicle - 1 year revocation.
Chemical Test Refusal - with prior alcohol related conviction in 5 yrs.	$750 civil penalty and $50 re-application fee	None	Revoked for at least one year.
Driving Under the Influence(Out-of-State)	N/A	N/A	Revoked at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence (Out-of State) with previous alcohol or drug violation	N/A	N/A	Revoked at least 90 days. If less than 21 years of age, revoked at least one year or until age 21 (longest term).
Take notice that surcharges are added to misdemeanors ($160) and felonies ($270). In addition, the driver license penalties for drivers under the age of 21are more severe.

Suffolk County DWI Alternative facility (SCDWIAF) - Suffolk County maintains a minimum security facility for appropriate offenders which highlights treatment and long-term follow-up. A "split sentence" consisting of a period of incarceration (in the SCDWIAF) followed by a period of probation. This may allow both for shorter periods of incarceration and more intensive therapy.

CRIMINAL SENTENCES GENERALLY

PENAL LAW MISDEMEANORS

“B” Misdemeanor - Imprisonment of up to 6 months, one year probation and a fine of up to $500.

“A” Misdemeanor - Imprisonment of up to one year, probationn of three years and a fine of up to $1,000.

FELONIES

“E” FELONY - Up to four years imprisonment, possibly coupled with probation (maximum jail time 6 months if probation also part of sentence).

“D” FELONY - Up to Seven years imprisonment, possibly coupled with probation (maximum jail time 6 months of probation also part of sentence).

“C” FELONY - One to five up to three to fifteen years

“B” FELONY - One to eight and one-third up to three to twenty-five years

“A II” FELONY - Three to eight and one-third years up to life in prison

“A I” FELONY - Fifteen to Twenty-Five years up to life in prison

Maximum incarceration: 15 days for Violation, 1 year for Misdemeanor

Some of the above change significantly for violent or predicate felons.

Fines may be imposed for specific designated amounts and restitution may be ordered in amounts related to the profits from the crime.

NONE OF THIS HAS TO HAPPEN TO YOU, THAT'S WHY YOU'RE HIRING US!

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