Driving While Intoxicated (DWI) is a crime. In NYS, the penalties include the loss of driving privileges, fines, and a possible jail term.

Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions:

1. the amount of alcohol you drink
2. the amount of food you eat before or while you drink alcohol
3. the length of time you drink alcohol
4. your body weight, and
5. your gender.

There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.

What are the alcohol and drug-related violations in New York State?

BAC = blood alcohol concentration

1. DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
2. Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.
3. DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
4. DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol.
5. DWAI/Combination: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.
6. Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.
7. Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

What are the penalties for Alcohol-related or Drug-related Violations?

Penalties for Alcohol-related and Drug-related Violations:

Violation (1) Mandatory Fine (2) Maximum Jail Term Mandatory Driver License Action (3) Aggravated Driving While Intoxicated (A-DWI) $1,000 – $2,500 1 year Revoked for at least one year

Second A-DWI in 10 years (E felony) (1) $1,000 – $5,000 4 years Revoked for at least 18-months (5)

Third A-DWI in 10 years (D felony)(1) $2,000 – $10,000 7 years Revoked for at least 18-months (4,5)

Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) $500 – $1,000 1 year DWI-Revoked for at least six months

DWAI-Drugs – Suspended for at least six months

Second DWI/DWAI-Drug violation in 10 years (E felony)(1) $1,000 – $5,000 4 years Revoked for at least one year

Third DWI/DWAI-Drug violation in 10 years (D felony)(1) $2,000 – $10,000 7 years Revoked for at least one year (4)

Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) $500 – $1,000 1 year Revoked for at least six months

Second DWAI/Combination in 10 years (E felony)(1) $1,000 – $5,000 4 years Revoked for at least one year/18 months (5)

Third DWAI/Combination in 10 years (D felony)(1) $2,000 – $10,000 7 years Revoked for at least one year/18 months (4,5)

Driving While Ability Impaired by Alcohol (DWAI) $300 – $500 15 days Suspended for 90 days

Second DWAI violation in 5 years $500 – $750 30 days Revoked for at least six months

Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None Suspended for six months

Second Zero Tolerance Law $125 civil penalty and $100 re-application fee None Revoked for one year or until age 21

Chemical Test Refusal $500 civil penalty ($550 for commercial drivers) None Revoked for at least one year, 18 months for commercial drivers.

Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal $750 civil penalty None Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.

Chemical Test Refusal -
Zero Tolerance Law $300 civil penalty and $50 re-application fee None Revoked for at least one year.

Chemical Test Refusal -
Second or subsequent Zero Tolerance Law $750 civil penalty and $50 re-application fee None Revoked for at least one year.

Driving Under the Influence – (Out-of-State) N/A N/A Suspended for 6 months. If less than 21 years of age, revoked at least one year.

Driving Under the Influence – (Out-of State) with any previous alcohol-drug violation N/A N/A Suspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term).

1. Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
2. Surcharges are added to misdemeanors ($160) and felonies ($270).
3. The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
4. Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.
5. A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.

Can I get a conditional license if I was convicted of DWI or DWAI?
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. To get complete information read the DMV brochure, The Drinking Driver Program.

The law mandates participation in the DDP, even if the driver is not eligible for a conditional license, for convictions of specific alcohol or drug-related violations, or in specific plea-bargaining situations.

Christopher D. Galiardo
MYERS & GALIARDO LLP

by TERI THOMPSON and NATHANIEL VINTON

A multi-agency narcotics strike force tapped the cell phone conversations of Spanish Harlem boxer Edgar Santana as part of its year-long investigation into an alleged cocaine conspiracy, which prosecutors say used the U.S. Postal Service to ship multiple kilograms of the drug from Puerto Rico for distribution in New York City.

An indictment unsealed yesterday by the New York Special Narcotics Court contains references to numerous “coded and cryptic” phone conversations. Santana appears to have been recorded in mid-November brokering a deal between two acquaintances for a kilogram of cocaine.

Santana, a junior welterweight with a 24-3 record, remained in police custody after his arraignment yesterday. The 29-year-old’s next bout, scheduled for an August 6 broadcast on ESPN, is in jeopardy but has not yet been canceled.

A large contingent of the boxer’s friends and family were in the courtroom as Santana entered his not guilty plea to charges of conspiracy and sale of a controlled substance. Twelve others were named in the indictment.

Following the arraignment Santana’s family huddled in the marble hallway to discuss meeting the bail levied on the fighter – a $150,000 bond and $75,000 in cash. Santana’s lawyer, Dan Ollen, said collecting such amounts would cause hardship for the family.

“Mr. Santana couldn’t hide from the law even if he wanted to.” Ollen told the court. “He is a world-famous boxer. He’ll be the main event on a fight card on ESPN. He’s very active in the community in Spanish Harlem.”

Santana is accused of brokering a deal in November 2007 between Angel Colon, the alleged ringleader of the conspiracy, and Tommy Caraballo, whose lawyer Frank Ortiz said was one of Santana’s childhood friends.

According to the indictment, tape of a Nov. 12 phone call reveals Caraballo agreeing to purchase one kilogram of cocaine from Colon. The indictment states that Caraballo picked the drugs up the next day near Second Ave. and East 101st St., having agreed in exchange to pay an undisclosed sum to Colon by passing the money to Colon through Santana.

But as Caraballo came away with the kilo of cocaine in Nov. 13, he was intercepted by the New York Drug Enforcement Strike Force – an investigation unit that combines resources of the DEA, FBI, NYPD, New York State Police and other agencies.

Caraballo was arrested and the cocaine was recovered from his vehicle, the indictment said. Caraballo was indicted in November, but was reindicted yesterday along with other alleged conspirators.

In another recorded conversation on Nov. 14, Colon allegedly asked Santana if the fighter had heard anything from Caraballo since the previous day’s transaction. Colon then asked Santana to pay Colon for he cocaine. It is not clear of the two realized at that point that Caraballo had been arrested.

On Nov. 15, according to the indictment, Santana told Colon in yet another “coded and cryptic” conversation that Santana would indeed pay Colon, which Santana allegedly did at 8:12 that evening.

The Daily News was the first to report Friday on the arrests of Santana, Colon and other alleged coconspirators. A DEA source told The News that $450,000 and at least a kilogram of cocaine were recovered.

Colon’s lawyer, Matt Myers, said no drugs or significant cash were found at his client’s home Friday, but that several cell phones were confiscated.

Colon’s bail was set at a $2 million bond and $1 million in cash. There will be a surety hearing in the next three days to make sure that the bail money doesn’t come from ill-gotten gains.

Source: New York Daily News

Attorney for the defense of Mr. Colon: Matthew D. Myers

Pro Boxer Edgar Santana Busted As Part Of Alleged Major Cocaine Ring

By Teri Thompson, Michael O’Keeffe And Nathaniel Vinton
Daily News Sports Writers

Updated Friday, July 18th 2008, 4:58 PM
(Originally published on July 18 at 10:12 a.m.)

Edgar Santana, the junior welterweight boxer often billed as “The Pride of Spanish Harlem,” was arrested Friday as part of an alleged international cocaine distribution ring busted by the New York Office of the Special Narcotics Prosecutor and the New York Office of the DEA.

Santana, 29, was picked up at his home at the George Washington Carver Houses on 102nd St. in Spanish Harlem in the early morning hours Friday. Friends and acquaintances were stunned.

“Everybody has been blindsided by this whole thing because it’s just not something that you would think Edgar could be involved in,” said Ernesto Dallas, Santana’s manager for the last six years.

Read the rest of this entry »

Two Arrested In Drugs And Guns Scheme

By Christopher Flaherty
Special to The Sun – March 22, 2007

City Law Enforcement Officials arrested two men charged with running a criminal network that used drug profits to purchase and sell guns on the streets on New York.

In the scheme, three suspects, Peguy Desir, 27, Joshua Pierre, 30, and a man yet to be apprehended who is knows as “Big Man” purchased drugs in the city and sold them for large profits in the South, the officials said. They would then purchase guns in Southern states and resell them for higher prices in New York, the Manhattan District Attorney, Robert Morganthau, said at a press conference yesterday.

Some of the guns were bought at pawnshops in Virginia, the police commissioner, Raymond Kelly, said.

Mr. Morgenthau said the suspects were arrested on Tuesday evening at 182 South St. after a sting operation conducted by a joint task force from the Manhattan district attorney’s office and the police department’s Firearm Investigation Unit.

Read the rest of this entry »

Says rapper owes him 32G

By HELEN PETERSON DAILY NEWS STAFF WRITER
Wednesday, May 7th 2003, 7:02AM

Hip-hop sensation 50 Cent rapped about getting shot up on his best-selling CD but never mentions he forgot to pay the doctor who patched him up.

The 27-year-old rap star, who survived nine gunshot wounds in an attack three years ago, is being sued by the doctor who treated him at Jamaica Hospital in Queens.

Dr. Nader Paksima, an orthopedic surgeon, says the chart-topper owes him $32,511.87, which has gone unpaid despite repeated requests, according to a lawsuit filed in Manhattan Supreme Court.

Paksima operated on 50 Cent, whose real name is Curtis Jackson, when he showed up at the hospital May 24, 2000, after being shot in the face and body near his grandmother’s house in South Jamaica.

Read the rest of this entry »