4 DWI Defense Offices In WNY:
Main WNY DWI Defense Office:
1967 Wehrle Drive, Suite 1
Williamsville, NY 14221
- Call: (716) 634-4747
- e-mail: defense@wnydwi.com
DWI Defense Branch Offices
(Call For An Appointment):
15 Mechanic Street
Springville, NY 14141
- Call: (716) 634-4747
31 West Main St
Lockport, NY 14094
- Call: (716) 634-4747
1980 Whitehaven Rd
Grand Island, NY 14072
- Call: (716) 634-4747 |
Thomas D Trbovich
"The WNY DWI Lawyer"
Focused DWI Law Practice
Experienced DWI Defense
Affordable DWI Expertise
I Can Help YOU! |
DWI Fines & Sentencing In Western New York
Penalties For Guilty DWI Charges In Western New York
SERIOUS WARNING The Western New York Courts take DWI charges very seriously. If you have been charged with DWI anywhere in the WNY area you may be facing a very large fine, loss of Your driving license, time in jail, or all of these penalties!
If You have been charged with DWI in Western New York you have already entered our legal process. In order to help you understand more about this process, we have posted some general information about the WNY Traffic Laws, DWI Charges and DWI Sentencing on this website. Since every case is different, this information should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
Our experienced DWI lawyers can help You secure the best possible outcome for Your case. So do your research on this page, and then contact the DWI experts at The Law Offices of Thomas Trbovich.
Call (716) 634-4747 or e-mail Anytime 24/7
We Offer A FREE Initial DWI Defense Consultation And We Can Help You!
Your DWI Penalty Will Depend Upon Your Specific DWI Charge(s) And The Handling Of Your Case
Potential Fines and Sentencing Penalties for DWI Charges in WNY increase according to the Severity of Your Charge(s). According to the New York State Department of Motor Vehicles the following terms are used in defining various DWI/DUI charges:
BAC = Blood Alcohol Concentration
DWI = Driving While Intoxicated (0.08% BAC or higher, or other evidence of intoxication)
Aggravated DWI = Aggravated Driving While Intoxicated (0.18% BAC or higher)
DWAI/Alcohol = Driving While Ability Impaired by Alcohol (0.05% - 0.07% BAC, or other evidence)
DWAI/Drug = Driving While Ability Impaired by a single Drug other than alcohol
DWAI/Combination = Driving While Ability Impaired by the Combined Influence of Drugs and/or Alcohol.
Chemical Test Refusal = A driver who refuses to take a chemical test (normally by breath, blood or urine) can receive a driver license revocation of at least 1 year and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the 5 years after a DWI-related charge will have their driver license revoked for at least 18 months and must pay a $750 civil penalty to apply for a new driver license!
Zero Tolerance Law = Any driver who is less than 21 years of age and who drives with a 0.02% - 0.07% BAC violates the Zero Tolerance Law
In order to obtain the best possible outcome from Your specific DWI Case, an experienced DWI Lawyer will be able to take many complex factors into account including The Existing Legal Precedents and Your Specifc Circumstances.
Table Of Penalties For Alcohol-Related Or Drug-Related Violations
| Violation(1) |
Mandatory Fine(2) |
Maximum
Jail Term |
Mandatory Driver License Action(3) |
| Aggravated Driving While Intoxicated (A-DWI) |
$1,000 - $2,500 |
1 year |
Revoked for at least one year |
| Second A-DWI in 10 years (E felony)(1) |
$1,000 - $5,000 |
4 years |
Revoked for at least 18-months (5) |
| Third A-DWI in 10 years (D felony)(1) |
$2,000 - $10,000 |
7 years |
Revoked for at least 18-months (4,5) |
| |
| Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) |
$500 - $1,000 |
1 year |
DWI-Revoked for at least six months
DWAI-Drugs - Suspended for at least six months |
| Second DWI/DWAI-Drug violation in 10 years (E felony)(1) |
$1,000 - $5,000 |
4 years |
Revoked for at least one year |
| Third DWI/DWAI-Drug violation in 10 years (D felony)(1) |
$2,000 - $10,000 |
7 years |
Revoked for at least one year (4) |
| |
| Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) |
$500 - $1,000 |
1 year |
Revoked for at least six months |
| Second DWAI/Combination in 10 years (E felony)(1) |
$1,000 - $5,000 |
4 years |
Revoked for at least one year/18 months (5) |
| Third DWAI/Combination in 10 years (D felony)(1) |
$2,000 - $10,000 |
7 years |
Revoked for at least one year/18 months (4,5) |
| |
| Driving While Ability Impaired by Alcohol (DWAI) |
$300 - $500 |
15 days |
Suspended for 90 days |
| Second DWAI violation in 5 years |
$500 - $750 |
30 days |
Revoked for at least six months |
| |
| Zero Tolerance Law |
$125 civil penalty and $100 fee to terminate suspension |
None |
Suspended for six months |
| Second Zero Tolerance Law |
$125 civil penalty and $100 re-application fee |
None |
Revoked for one year or until age 21 |
| |
| Chemical Test Refusal |
$500 civil penalty ($550 for commercial drivers) |
None |
Revoked for at least one year, 18 months for commercial drivers. |
| Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal |
$750 civil penalty |
None |
Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers. |
Chemical Test Refusal -
Zero Tolerance Law |
$300 civil penalty and $50 re-application fee |
None |
Revoked for at least one year. |
Chemical Test Refusal -
Second or subsequent Zero Tolerance Law |
$750 civil penalty and $50 re-application fee |
None |
Revoked for at least one year. |
| |
| Driving Under the Influence - (Out-of-State) |
N/A |
N/A |
Suspended for 6 months. If less than 21 years of age, revoked at least one year. |
| Driving Under the Influence - (Out-of State) with any previous alcohol-drug violation |
N/A |
N/A |
Suspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
(1) Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
(2) Surcharges are added to misdemeanors ($160) and felonies ($270)
(3) The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different
(4) Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years
(5) A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.
Are You Losing Sleep Worrying About Your DWI Charge(s)?
We have helped 1000's of people like you and we understand exactly how much You have to lose and how You are feeling. When facing DWI charges most people's first reaction is to move into denial. But Your problem isn't going away, and just trying to ignore it is a truly gut-wrenching experience! The sooner you get professional help from a DWI expert the sooner you will start to feel better.
The Expert DWI Attorneys at The Law Offices Of Thomas Trbovich can help You secure the best possible outcome from Your case. We will review the circumstances of Your DWI charge in a FREE, No Obligation Consultation. We are available 24/7 to take Your call - So Call (716) 634-4747 Now And Put Your Mind At Rest!
DWI Charges Are Now Treated Very Seriously In Western New York
DWI Penalties Include Large Fines, Losing YOUR Driving License, & Going To Jail!
Call The Law Offices Of Thomas Trbovich For Your DWI Defense
And Secure Your Best Possible Outcome - At A Price YOU CAN Afford!
Call (716) 634-4747 Now To Schedule YOUR FREE DWI Consultation With No Obligation
Copyright ©2010 Thomas D Trbovich "The WNY DWI Deffense Lawyer"
www.wnydwi.com DWI Defense Attorney, WNY, Buffalo NY, Niagara Falls NY, Jamestown NY, DWI Defense Lawyer
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Leandra's Law
New York State
New DWI Law
Are YOU Facing DWI Charges?
Let ME Help YOU!
My law practice focuses on DWI Defense in the 8 Counties of Western New York. I know the WNY area roads, and I know the police departments and the courts. I understand Your position and exactly how important Your drivers licence, Your record, and Your freedom are to You.
Let me minimize Your concern and help You through this difficult period in Your life. I can guarantee to provide YOU with professional DWI counsel to obtain Your best possible outcome because I will personally review and direct the handling of Your specific case.
I Can Help YOU!
Contact My Law Offices Now For A FREE Consultation With No Obligation - Sincerely,
Thomas D Trbovich
WNY DWI - Attorney At Law
"The WNY DWI Lawyer"
To Contact The Law Offices Of Thomas D Trbovich:
Call: (716) 634-4747 Anytime
If necessary please leave a message 24/7, we WILL return Your call rapidly
e-mail: defense@wnydwi.com
e-mail will be attended to during normal business hours
5 days /week
Please Include A Phone # Where You Can Be Reached
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Tom,
Thanks! I thought you or and your staff could use some fun. Each ticket is good for two people for a helicopter ride over Niagara Falls. I can't believe what a great job you did!
(Former Client's Father)
Note: 2 separate felonies, 2 separate misdemeanors and several separate traffics were reduced to one felony and sealed. The client's son has no criminal record and no jail time.
Tom,
I am pleased to hear that you are going to be creating a website that is helpful to people with DWIs.
Make sure they know that you are a lawyer's lawyer and why I chose you to represent me on both of my felony DWI cases, before I even met you!
People should know that a lawyer with my number of years experience had everything to lose (including my freedom) and that I knew a lot of attorneys that handle criminal cases, but chose you because I heard you were the best. Now, two felony cases later, with me not in jail and on the right track, I can completely agree with that.
(Attorney, & Former Client)
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