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Government of Erie County, New York

Sections:

Erie County STOP-DWI Office
45 Elm Street Room 233
Buffalo, New York 14203
(716) 858-6291
(716) 858-8566 (fax)

John F. Sullivan
Project Coordinator
sullivaj@erie.gov

Daniel Herberger
Training Coordinator
(716) 858-6138
herbergd@erie.gov

LuAnn Palma-Smith
Public Relations Coordinator
(716) 858-6637
palmal2@erie.gov

Laws & Penalties

DRUNK DRIVING PENALTIES

Driving While Intoxicated

DWI [.08% and higher Blood Alcohol Content (BAC) or other evidence of intoxication]

Driving While Intoxicated
OFFENSEFINEJAIL SENTENCELICENSE ACTION
1st Offense(Misdemeanor)Minimum $ 500 Maximum $1,000Up to 1 YearMinimum 6-Month Revocation
2nd Offense (Within 10 years/Class E Felony)Minimum $1,000 Maximum $5,000Up to 4 YearsMinimum 1 Year Revocation*
3rd Offense(Within 10 Years/Class D Felony)Minimum $2,000 Maximum $10,000Up to 7 YearsMinimum 1 Year Revocation*

A person convicted of DWI could be sentenced to 3 Years probation for a misdemeanor conviction and 5 years probation for a felony conviction.

AGGRAVATED DRIVING WHILE INTOXICATED

ADWI [.18% and higher Blood Alcohol Content (BAC)]

AGGRAVATED DRIVING WHILE INTOXICATED
OFFENSEFINEJAIL SENTENCELICENSE ACTION
1st Offense (Misdemeanor)**Minimum $1,000 Maximum $2,500Up to 1 YearMinimum 1 Year Revocation
2nd Offense (Class E Felony)Minimum $1,000 Maximum $5,000Up to 4 YearsMinimum 18-Month Revocation
3rd Offense (Class D Felony)Minimum $2,000 Maximum $10,000Up to 7 YearsMinimum 18-Month Revocation

DRIVING WHILE ABILITY IMPAIRED

DWAI [more than .05% to less than .08% Blood Alcohol Content (BAC)]

DRIVING WHILE ABILITY IMPAIRED
OFFENSEFINEJAIL SENTENCELICENSE ACTION
1st Offense (Traffic Infraction)Minimum $ 300 Maximum $ 500Up to 15 Days90 Day Suspension
2nd Offense < 5 Years (Traffic Infraction)Minimum $ 500 Maximum $ 750Up to 30 DaysMinimum 6-Month Revocation*
3rd Offense < 10 Years (Misdemeanor)Minimum $ 750 Maximum $1,500Up to 180 DaysMinimum 6-Month Revocation*

Zero Tolerance

Drivers Under 21 [DMV administrative finding of .02% to .07% Blood Alcohol Content (BAC)

Zero Tolerance
OFFENSEFINEJAIL SENTENCELICENSE ACTION
1st OffenseMinimum $1256-Month Suspension$100 Suspension termination Fee
2nd OffenseMinimum $1251yr. Revocation or until age 21/whichever is longer$100 Re-Application Fee

* The Department of Motor Vehicles decides when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic.
You must apply for your license, pay civil penalities, a relicense fee and you may have to take a test.
** Cannot plead below DWI Misdemeanor

*** Chemical Test Refusal Revocation: $500 Civil Penalty/ 1 year license revocation.
*** Chemical Test Refusal Revocation with prior refusal or alcohol related violation within 5 years: $750.00 civil penaltyand a minimum revocation of your license for eighteen (18) months.

All convictions under Vehicle & Traffic Law section 1192 require payment of a Driver Responsiblilty Assessment to the Department of Motor Vehicles in the amount of $250 per year for 3 years in addtion to the mandatory fines set forth in this chart.

State mandatory surcharges are separate from the fines noted in this chart.