DWI, DWAI, DWAI Drugs Frequently Asked Questions
- What if I am pulled over and I refuse to take the “breathalyzer” test?
- Can I get a conditional license if I am convicted in New York State of DWI or DWAI?
- What is the “driver responsibility assessment?”
- Who must pay a driver responsibility assessment?
- What is the amount of the New York State driver responsibility assessment?
What if I am pulled over and I refuse to take the “breathalyzer” test?
If you are pulled over for DWI or DWAI and you refuse to take the breathalyzer test in New York, your license will automatically be suspended for at least six months, unless you prevail at a DMV hearing on this issue, and you must pay a $500.00 penalty to apply for a new driver’s license.
Can I get a conditional license if I am convicted in New York State of DWI or DWAI?
Yes, if you receive your first conviction for a DWI or DWAI and you participate in the New York State Drinking Driver Program (DDP). The New York State Department of Motor Vehicles determines if you are eligible to enroll in the Drinker Driver Program.
What is the “driver responsibility assessment?
The New York State Vehicle and Traffic Law mandates that drivers who are convicted of certain traffic violations pay a “driver responsibility assessment” to the New York State Department of Motor Vehicles. The assessment is an amount of money that you must pay each year for three years to the New York State Department of Motor Vehicles directly. In addition to any fines, fees, penalties, or surcharges that you pay to the municipality where you received the ticket, you must also pay the “driver responsibility assessment.”
Who must pay a driver responsibility assessment?
The Driver Responsibility Program applies to all drivers who operate a motor vehicle in New York State, regardless of what state you are licensed in.
You must pay the driver responsibility assessment if:
- You are convicted of an alcohol-related traffic violation (including boats and snowmobiles); or
- You are convicted of a drug-related traffic violation (including boats and snowmobiles); or
- A New York State Department of Motor Vehicles hearing determines that you refused a chemical test (including boats and snowmobiles); or
- You received six or more “points” on your New York State driver’s license during a period of 18 months.
What is the amount of the New York State driver responsibility assessment?
If you are convicted in New York State of a DWI, DWAI or DWAI drugs or if you refuse a chemical test, the annual assessment is $250.00 for three consecutive years ($750.00 total).
If you receive six points on your driver record during a period of 18 months, the annual assessment is $100.00 for three consecutive years ($300.00 total). If you receive more than six points on your driver record during a period of 18 months, the annual assessment includes an additional $25.00 for each point more than the original six points.