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My dad recently got into an accident and was charged with DWI, with a blood alcohol level of 0.08 or higher, reckless driving and failure to yield. Thank GOD everyone involved escaped injury. This is his first DWI offense and we are in New York State. What is the worst that will happen? Also, do you know if an insurance company will cancel his policy due to a first offense with no prior moving violations etc?

According to the list on the New York State Department of Motor Vehicles site for a first DWI offense the penalties can include a mandatory fine of $500 to $1,000, a maximum jail term of 1 year and mandatory driver's license action of revoked driving privileges for at least six months.

If you receive your first conviction for DWI or DWAI and you participate in the Drinking Driver Program (DDP), you can receive a conditional license. The DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP.

In addition to paying any fines, fees, penalties and surcharges authorized by law, you may have to pay a "Driver Responsibility Assessment" for certain violations that occur on or after November 18, 2004, that result in a conviction or administrative finding. Your learner permit, driver license, or driving privileges will be suspended if you do not make these payments.

If you are convicted of Driving While Intoxicated (DWI), or Driving While Ability Impaired (DWAI) or Driving While Ability Impaired by Drugs, or if you are found to have refused to submit to a chemical test, you will be required to pay a driver responsibility assessment of $250 each year for the next three years.

As for the other traffic offenses - reckless driving is a 5 point offense and failure to yield the right of way is 3 points. Your dad will likely also owe a second driver responsibility assessment for his points total.

If you receive six points on your NYS driver record during a period of 18 months, the annual assessment is $100. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $300. If you receive more than six points on your driver record during a period of 18 months, the annual assessment is $25 for each point more than the original six points. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $75 for each point more than the original six points.

As for insurance, a policy can only be canceled in mid-term (after 60 days on a new policy) for a few specific reasons in New York but one reason is the suspension or revocation of a driver's license of the named insured or any other person who customarily operates an automobile insured under the policy (not including administrative suspensions). So if his driver's license is taken away for the DWI then his insurance company could cancel him. If they will drop him will be determined by his insurance carrier's underwriting guidelines.

For a New York State auto insurance quote follow this link.

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This car insurance question was asked on 12/21/2006
This auto insurance answer was last updated on 12/26/2006
Lee requested this car insurance solution.
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