Consequences of DWI
You may have heard the stories of the consequences of DWI convictions. If you have been charged, the thought of mandatory alcohol assessments and ignition interlock devices may have you feeling scared. In Buffalo, those are two very real consequences that you may face when charged with a DWI.
Mandatory Alcohol Assessment
A lot of clients who are charged with a DWI need to realize that there are certain hoops that they have to go through in addition to merely attending court or the Department of Motor Vehicles. One regulation that is relatively new within the last several years is that individuals are required to go through a mandatory alcohol assessment. This must be done prior to sentencing. Oftentimes certain courts like West Seneca, the judge will present you with a form and require you to go for a mandatory alcohol assessment before the case is over.
What exactly does that mean or entail? It requires that an individual who’s charged with DWAI, driving while intoxicated, whether they blew a 0.15 or less blood alcohol content, refused a chemical test, they must be screened by a New York State licensed counselor. That screening requires that they submit to a written standardized test that’s set forth by the Department of Motor Vehicles and that particular counselor and determine if there’s any indication that that person abuses drugs and/or alcohol. If that screening proves that you do, then the second part of that would be to go for an assessment
That assessment is also required to be done by a licensed professional set forth by what’s commonly known as an OASAS professional. That’s the New York State Office of Alcohol and Substance Abuse Services, which is the department that monitors these individuals, so you can’t go and see your friend, Bob, who just got his license. He must be on the list, get a credible assessment, and forward that to the court within a specific timeframe. If you’re found at that point to abuse alcohol and/or drugs, the sentencing judge is required to have you attend counseling and complete that as a part of the sentencing.
Ignition Interlock Devices
People who are convicted of driving while intoxicated or aggravated driving while intoxicated should note that a sentencing judge is required to have an individual install an ignition interlock device. What is that? An ignition interlock device is essentially a box that registers your blood alcohol content at the time you’re attempting to start your vehicle. It’s installed at your cost and maintained at your cost and could be on for the duration for your probation, your conditional discharge period, or six months, whichever is longer.
Each individual company that installs ignition interlock devices have different fees and monthly charges could range anywhere from $75 to $150 per month. It’s also important to note that if you do not install the ignition interlock device during the time that the court gives you, that could result in revocation and/or incarceration because that could be a violation of your conditional discharge or sentencing.
If you have been charged with a DWI, you could be facing these consequences of DWI. Contact John Dudziak as soon as possible to see how we can be your ticket to justice.
