Obligations Explained After Receiving A DWI Or DWAI Conviction
New Rules and Regulations Effective February 16, 2025
A. If you are convicted of DWI (unclassified traffic misdemeanor)
1. You must pay your fine set by the judge (between $500 and $1000) and the mandatory surcharge of $400. The fine and surcharge are paid to the clerk of the court, and you are permitted to ask the clerk for a payment plan if you cannot pay it all at once.
2. Your license is revoked for six months, but the judge can grant a 20-day stay before the six-month revocation starts to run. This 20-day stay allows you to drive normally and go to the DMV to get your conditional license while the paperwork from the court is transmitted to the DMV, which should take 20 days or less. You may make an appointment at any DMV at this link: https://dmv.ny.gov/make-reservation-1.
3. You must install an Ignition Interlock Device (“IID”) in any vehicle that is titled in your name within ten days of your sentencing. You cannot drive any vehicle until the IID is installed in your vehicle even if you have a 20-day stay of your license revocation or obtain a conditional license. This means that if you didn’t get an IID installed before you were convicted, someone will have to drive you to the IID installer. It is possible to get the IID installed before your last court appearance, so ask me about that possibility in your case. The IID must be installed for a year; however, it is possible to request that the IID be removed after six months, so contact me after six months, and I can make that application if you have successfully maintained it for six consecutive months.
4. You must take the two-hour Victim Impact Panel. In most counties, this is still being offered online, and the court will give you written directions on how to sign up for the VIP. The price for the VIP varies from $25 to $60 depending on how or where you take it. If you live outside the county where you were convicted, ask me about taking the MADD VIP online.
5. You must make a reservation at the DMV and sign up for the Impaired Driving Program (“IDP”). Once you sign up for that seven-session class, you will get your conditional license to use during your six-month revocation. The cost of the IDP is approximately $250 depending on which county you take it in. This is what the 20-day stay is for, so don’t go to the DMV too soon, or they won’t have your paperwork from the Court, and they won’t be able to sign you up for the IDP or give you a conditional license. If you want to contact me two weeks after your last court appearance, I could check the DMV computer to see if the DMV received the Court paperwork. If you have no prior drug- or alcohol related driving convictions, you should get your full license back after completing the seven-session program or when the six-month revocation runs, whichever is sooner.
6. You will get a letter from the DMV requiring you to pay the Driver Responsibility Assessment (“DRA”), which is a payment of $475 for three years. If you don’t pay the DRA, the DMV will suspend your license or conditional license. If you don’t get a letter from the DMV about the DRA within two weeks of your last court appearance, you should call me so I can contact the DMV and find out why the letter wasn’t generated and mailed to you. If you moved and have not notified the DMV of the change of address, you need to go to the DMV and update your address, so you don’t miss paying this fee and end up getting your license suspended.
7. For motorists arrested on or after February 16, 2026, and convicted of DWI or DWAI, 11 points will be assessed to your driver’s license, which has caused the Driver Responsibility Assessment to increase from $250/year to $475/year for three years. You cannot remove 4 of the 11 points by taking the defensive driving course, but you can still get the 10% reduction of your insurance premiums for the base policy (no fault and collision) if you take defensive driving.
8. Canada. You cannot go to Canada if you are convicted of DWI or DWAI. If you go to the border or try to fly to Canada, you may be turned away. It is possible to go to Canada, but you will have to apply for a Temporary Resident Permit first. Here is the link to the Canadian Government’s website to apply for the TRP: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/temporary-resident-permits.html
If you don’t want to handle the paperwork on your own, there are several companies that advertise on Google that will file the paperwork for you for a fee.
9. Also, it’s our understanding that the 11 points will not prevent first offenders from applying for a conditional license; however, if you receive additional points (over these 11 points) after being convicted of DWAI or DWI, your license will be suspended or revoked. Moreover, DMV will now use a 24-month period (used to be 18 months) to determine if a motorist has reached the required number of points to suspend or revoke a license. So if you are convicted of DWI or DWAI and have these 11 points assessed and get convicted of another moving violation with points, you will lose your license.
Previously, DMV would administratively revoke a motorist’s license for life if they were convicted of five alcohol- or -drug related driving incidents within their lifetime. DMV reduced that to just four lifetime incidents. Anyone convicted of three alcohol- or drug-related driving offenses should expect to have their driving privileges revoked for at least 5 years (six in the case of a chemical test refusal). The DMV also added youthful offender adjudications of impaired or intoxicated driving offenses to the list of incidents that count towards this lifetime or five-year license revocations. Previously, a person under the age of 19 years old who accepted a youthful offender adjudication was safe from such an incident counting towards DMV administrative revocations.
Negative units (a behind-the-scenes assessment by DMV that is different than points) for many offenses were increased and the extended lookback period for negative units increased from 3 years to 4 years. 25 or more negative units at the time of application for re-licensure following a revocation will result in DMV’s denial of an application.
B. Consequences if you are convicted of Driving While Impaired by Alcohol “DWAI” (traffic infraction)
1. You must pay your fine set by the judge (between $300 and $500) and the mandatory surcharge of $260 in most courts, but the surcharge can vary slightly in certain courts. The fine and surcharge is paid to the clerk of the court, and you are permitted to ask the clerk for a payment plan if you cannot pay it all at once.
2. Your license is suspended for 90 days, but the judge can grant a 20-day stay before the 90-day suspension starts to run. This 20-day stay allows you to drive normally and go to the DMV to get your conditional license while the paperwork from the court is transmitted to the DMV, which should take 20 days or less. You may make an appointment at any DMV at this link: https://dmv.ny.gov/make-reservation-1.
3. You must take the two-hour Victim Impact Panel (“VIP”). In most counties, this is still being offered online post-COVID, and the court will give you written directions on how to sign up for the VIP. The price for the VIP varies from $25 to $60 depending on how or where you take it. If you live outside the county where you were convicted, ask me about taking the MADD VIP online.
4. When you make a reservation at the DMV to get your conditional license, you will also sign up for the seven-week Impaired Driving Program (“IDP”). So go to a DMV in the county where you want to take the IDP. Once you sign up for that seven-session program, you will get your conditional license to use during your 90-day suspension. The cost of the IDP is approximately $250, depending on which county you take it in. This is what the 20-day stay is for; however, don’t go to the DMV too soon, or they won’t have your paperwork from the Court, and they won’t be able to sign you up for the IDP or give you a conditional license. If you want to contact me two weeks after your last court appearance, I will check the DMV computer to see if the DMV received the Court paperwork. If you have no prior drug- or alcohol-related driving convictions, you should get your full license back after completing the seven-session IDP or when the 90-day suspension runs, whichever is sooner. The IDP is one class per week, usually at night, for seven consecutive weeks. So if you are going on vacation or cannot be in NY for seven consecutive weeks, ask the clerk at the DMV to schedule your class when you will be in NY for seven consecutive weeks. If you are leaving the state, call me and ask how you can take an out-of-state alcohol education class as a substitute for the NY IDP:
5. You will get a letter from the DMV requiring you to pay the Driver Responsibility Assessment (“DRA”) which is a payment of $250 for three years or a total of $750. If you don’t pay the DRA, the DMV will suspend your license or conditional license. If you don’t get a letter from the DMV about the DRA within two weeks of your last court appearance, you should call me so I can contact the DMV and find out why the letter wasn’t generated and mailed to you. If you moved and have not notified the DMV of the change of address, you need to go to the DMV and update your address, so you don’t miss paying this fee and end up getting your license suspended.
6. For motorists arrested on or after February 16, 2026, and convicted of DWI or DWAI, 11 points will be assessed to your driver’s license, which has caused the Driver Responsibility Assessment to increase from $250/year to $475/year for three years. You cannot remove 4 of the 11 points by taking the defensive driving course, but you can still get the 10% reduction of your insurance premiums for the base policy (no fault and collision) if you take defensive driving.
7. Canada. You cannot go to Canada if you are convicted of DWI or DWAI. If you go to the border or try to fly to Canada, you may be turned away. It is possible to go to Canada, but you will have to apply for a Temporary Resident Permit first. Here is the link to the Canadian Government’s website to apply for the TRP: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/temporary-resident-permits.html
If you don’t want to handle the paperwork on your own, there are several companies that advertise on Google that will file the paperwork for you for a fee.
See e.g.: https://www.canadaduientrylaw.com and see https://www.help.cbp.gov/s/article/Article-1409?language=en_US
**PLEASE NOTE: These general rules apply to first-offender misdemeanor DWI and DWAI traffic infraction convictions only. If you have prior DWI/DWAI convictions or are currently charged with a felony DWI or felony DWAI drugs, different rules will apply, so ask me to explain the differences if you have a prior conviction or are charged with a felony.
Also, there are special circumstances that would impact these rules if you refused the breath or blood test when you were arrested. Please be sure to double-check with me to discuss the special rules and procedures if you refused the desktop chemical breath test in the police station or a blood, urine or saliva test. These special rules include an additional $500.00 civil penalty for the refusal and a one-year revocation of your driving privileges following a refusal hearing at the DMV.
If you have questions or do not understand all of your obligations, please call me, and I will clarify any or all of these points @ 845-406-9349