Costs related to New York drunk driving charges
There are costs associated with DWI charges, and here I try to break them down. These are real costs, and unless otherwise noted, they cannot be offset with community service or some other punishment.
First: Attorney Costs
You should expect to pay between $3,000 (for the most simple of cases) to $7,500 (for a more complex case) for an attorney. If your case is more than a DWI - for example, if you are also charged with vehicular assault, manslaughter, or homicide, your attorney costs could range into the tens of thousands of dollars. If you get a quote from a lawyer that is lower than $3,000, you should ask:(1) if that quote includes the cost of trial; and (2) why that attorney doesn't publish their trial results.
Second: OASAS Substance Abuse Assessments
Health insurance may help defray some of these costs, but you should expect to pay up to about $500.00 for a substance abuse assessment. If you are referred to treatment the cost of individual sessions versus group sessions can vary, but expect to pay between $50.00 and $150.00 per session.
Third: DMV Refusal Hearings
If you lose your DMV Refusal Hearing, there will be a fine of $500.00, as well as the DMV's "Driver Responsibility Assessment," which is a $750.00 fee split up into three years.
Fourth: Cost of a pre-conviction conditional license from the DMV
If you don't get a hardship license and later want to get a pre-conviction conditional license from the DMV, it will cost you $75.00.
Fifth: Fines/surcharges if you are convicted
Fines and surcharges vary depending on the conviction. If a judge imposes incarceration, they can (but do not have to) waive the fine.
- DWAI (first offense) $560-$760
- DWAI (second offense) $760-$1,010
- DWI (first offense within ten years) $900-$1,400
- DWI (second offense within ten years) $1,520-$5,520
- DWI (third offense within ten years) $2,520-$10,000
- Aggravated DWI (first offense) $1,400-$2,900
- DWAI Drugs (first offense) $900-$1,400
- DWAI Drugs and Alcohol Combined (first offense) $900-$1,400
Sixth: The cost of classes if you are convicted
- Victim Impact Panel: Approximately $40.00
- Impaired Driver Program: $234.00
- DRC Weekends: Up to eight weekends at $80.00 each ($640.00 total)
Seventh: Post-Conviction Conditional License
If you are convicted, your hardship license or pre-conviction conditional license become void at sentencing. Getting a post-conviction conditional license can happen when you sign up for the Impaired Driver Program, and the license will cost you $75.00.
Eighth: Ignition Interlock (does not apply to DWAI or DWAI Drugs)
The IID installation fee is approximately $250.00. The monthly fee to the installation company is about $100.00. Lockouts, calibrations, and every time you walk into the shop will cost you additional fees. All the service providers are about the same.
Ninth: Probation
If you are sentenced to probation, it will cost you approximately $30.00 per month. Very few judges sentence first-time offenders to probation, but it can happen in instances where there is an accident, or a child in the car, or a very high BAC.
Militello Law Firm, PLLC
2480 Browncroft Blvd.
Rochester, NY 14625
Phone: (585) 485-0025
Fax: (585) 286-3128