Library
DUI Collateral Consequences
- Organization: none
- Date Created: Monday, August 28, 2006
- Submitted: Monday, August 28, 2006
- Attachment(s): DOC
In addition to the danger of a jail sentence and fines upon conviction in a criminal court, defendants face various indirect, or so-called "Collateral Consequences." This is especially true for defendants charged with driving while intoxicated or impaired. Defense counsel must thoroughly harvest and evaluate information concerning the four Cs: The Client, Case, Court and Consequences.
Vehicle and Traffic Law (VTL) § 1192, entitled "Driving under the influence of alcohol or drugs," (DUI) includes the offenses of: driving while intoxicated (DWI) and driving while ability is impaired by drugs (DWAID), both misdemeanors, and driving while impaired (DWAI), a non-criminal traffic infraction. VTL § 1193, entitled "Sanctions," enumerates the penalties, including charge enhancement and penalty enhancement for repeat offenders.
Below is a list of some DUI collateral consequences for counsel to consider, some of which commence before the first court appearance.