Costs of a DWI Conviction

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

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.



10.0P. Adam Militello
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Militello Law Firm, PLLC
2480 Browncroft Blvd.
Rochester, NY 14625

Phone: (585) 485-0025
Fax: (585) 286-3128