What is the difference between a sentence for DWAI, DWI, and Aggravated DWI?

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Convictions in New York for DWAI and DWI have some common characteristics.

Typical sanctions for a first-time DWAI in Rochester and the surrounding counties include:

  1. Fine and a surcharge of about $560.00.
  2. 90-day license suspension.
  3. Attendance at one session of a Victim Impact Panel.
  4. Successful completion of the Impaired Driver Program.
  5. Obtain a substance abuse assessment from a certified provider, and follow any recommended treatment.
  6. Jail up to 15 days, but this is extremely rare on a first offense; it typically only happens if you are appearing before Judge Teresa D. Johnson in Rochester City Court.

Typical sanctions for a DWI in the counties around Rochester:

  1. Fine and a surcharge of about $900.00.
  2. 6-month license revocation.
  3. Attendance at one session of a Victim Impact Panel.
  4. Successful completion of the Impaired Driver Program.
  5. Obtain a substance abuse assessment from a certified provider, and follow any recommended treatment.
  6. Jail up to 1 year, but this is unheard of for first-time offenders with no accident and no other aggravating circumstances.
  7. Probation for up to 3 years, which is typically imposed if this is a second offense or if there is an accident. The exception would be Judge Johnson in Rochester City Court, who will sentence almost all first-time offenders to a term of probation.
  8. 8 DRC weekends, which is sometimes imposed if your BAC is unusually high or if there is some other aggravating circumstance. (See this page for more information.)
  9. 12-month installation of an Ignition Interlock Device on any vehicle you have titled in your name, registered in your name, or that you operate.

Typical sanctions for an Aggravated DWI in the counties around Rochester:

  1. Before you are ever convicted, a high BAC may result in the arraignment judge refusing to issue you a hardship license. This is becoming more commonplace.
  2. Fine and a surcharge of between $1,000.00 and $2,500.00.
  3. 1-year license revocation.
  4. Attendance at one session of a Victim Impact Panel.
  5. Successful completion of the Impaired Driver Program.
  6. Obtain a substance abuse assessment from a certified provider, and follow any recommended treatment.
  7. Jail up to 1 year, but this is unheard of for first-time offenders with no accident and no other aggravating circumstances.
  8. Probation for up to 3 years, which is typically imposed if this is a second offense or if there is an accident. The exception would be Judge Johnson in Rochester City Court, who will sentence almost all first-time offenders to a term of probation.
  9. 8 DRC weekends, which is sometimes imposed if your BAC is unusually high or if there is some other aggravating circumstance. (See this page for more information.)
  10. 12-month installation of an Ignition Interlock Device on any vehicle you have titled in your name, registered in your name, or that you operate.
The Militello Law Firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128