Erie County Government - Official website of the Erie County, NY Government
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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
DWI [.08% and higher Blood Alcohol Content (BAC) or other evidence of intoxication]
| OFFENSE | FINE | JAIL SENTENCE | LICENSE ACTION |
|---|---|---|---|
| 1st Offense(Misdemeanor) | Minimum $ 500 Maximum $1,000 | Up to 1 Year | Minimum 6-Month Revocation |
| 2nd Offense (Within 10 years/Class E Felony) | Minimum $1,000 Maximum $5,000 | Up to 4 Years | Minimum 1 Year Revocation* |
| 3rd Offense(Within 10 Years/Class D Felony) | Minimum $2,000 Maximum $10,000 | Up to 7 Years | Minimum 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.
ADWI [.18% and higher Blood Alcohol Content (BAC)]
| OFFENSE | FINE | JAIL SENTENCE | LICENSE ACTION |
|---|---|---|---|
| 1st Offense (Misdemeanor)** | Minimum $1,000 Maximum $2,500 | Up to 1 Year | Minimum 1 Year Revocation |
| 2nd Offense (Class E Felony) | Minimum $1,000 Maximum $5,000 | Up to 4 Years | Minimum 18-Month Revocation |
| 3rd Offense (Class D Felony) | Minimum $2,000 Maximum $10,000 | Up to 7 Years | Minimum 18-Month Revocation |
DWAI [more than .05% to less than .08% Blood Alcohol Content (BAC)]
| OFFENSE | FINE | JAIL SENTENCE | LICENSE ACTION |
|---|---|---|---|
| 1st Offense (Traffic Infraction) | Minimum $ 300 Maximum $ 500 | Up to 15 Days | 90 Day Suspension |
| 2nd Offense < 5 Years (Traffic Infraction) | Minimum $ 500 Maximum $ 750 | Up to 30 Days | Minimum 6-Month Revocation* |
| 3rd Offense < 10 Years (Misdemeanor) | Minimum $ 750 Maximum $1,500 | Up to 180 Days | Minimum 6-Month Revocation* |
Drivers Under 21 [DMV administrative finding of .02% to .07% Blood Alcohol Content (BAC)
| OFFENSE | FINE | JAIL SENTENCE | LICENSE ACTION |
|---|---|---|---|
| 1st Offense | Minimum $125 | 6-Month Suspension | $100 Suspension termination Fee |
| 2nd Offense | Minimum $125 | 1yr. 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.
Your information resource from the government of Erie County, New York
