Remember that driving is a privilege and not a right. You need to re-evaluate your objectives before you get behind the wheel of a vehicle. Call A Friend or Call A Taxi!

Question #1 - Yes, normally even if you were cited for a Driving While Intoxicated (DWI) if your insurance was in force it should cover the accident. By reading the terms of your policy and speaking to your insurance agent you should be able to find out for certain if claims for the accident you were in while intoxicated will be covered by your insurance policy.

You are correct that your insurance rates will increase significantly, especially if this is your third offense of either Driving While Intoxicated (DWI) or Driving While Ability Impaired (DWAI).

In New York State DWI is a serious offense. If you are convicted, you will face a substantial fine, a mandatory surcharge, license revocation, higher insurance premiums, and a possible jail sentence.

Question #2 - The following explains penalties you may receive for receiving a DWI.

A first (1st) offense is a Misdemeanor with a mandatory fine of $500 up to $1,000. Jail time of up to 1 year could also be imposed and a minimum 6 month revocation of your license.

A third (3rd) offense is a class D felony within 10 years comes with penalties of a fine between $2000 and $10,000, up to 7 years of jail and a minimum 1 year driver's license revocation.

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

For license revocations, the Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test. Three or more alcohol or drug-related offenses within 10 years can result in a permanent revocation, with a waiver request permitted after at least five years.

It would appear that since it has been longer than 10 years since your DWI/DWAI conviction that you may be starting again as if this was your first offense but you should check with the courts and/or NYS DMV to find out for certain.

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. If you qualify for a conditional license or conditional driving privilege, you will be allowed to legally drive within certain limitations.

It is important to find out if this latest violation will be looked on as if it is a first offense or not to see if the conditional license will be available to you or not. The NYS Department of Motor Vehicles website has more information on the DWI penalties and restrictions of the conditional license.