DWI: The $10,000 offense [The Buffalo News, N.Y.]

<p><chron>Oct. 10</chron>--The next time you're out after a night of bar-hopping and wondering whether to risk driving home, keep in mind what <person>Michael Anthony Rossi</person> tells his adult children.</p><p>Rossi has a law practice on <location value="LU/us.ny.graand" idsrc="xmltag.org">Grand Island</location> and has years of experience defending clients accused of driving while intoxicated and driving while impaired.</p><p>"I told them any first-time DWI, as I tell clients, you can expect that it's going to cost somewhere in the ballpark of <money>$10,000</money>," Rossi said.</p><p>That figure includes mandatory fines, surcharges, civil penalties, lawyer's fees and the cost of lifting a suspension on a driver's license, installing an ignition interlock, taking a driver's education class and a spike in auto insurance rates of around 60 percent.</p><p>And that doesn't take into account the hassle of trying to get around with a suspended license, shopping for coverage if you're dropped by your insurer, spending time in a weekly driving class and losing the right to cross the border into <location value="LC/ca" idsrc="xmltag.org">Canada</location> with a conviction. Not to mention the risk of injuring or killing someone.</p><p>That's why the people who help drivers clean up the mess of a DWI charge say hiring a cab or using a designated driver makes a lot more sense.</p><p>"There's a million reasons not to ever drink and drive," said <person>Craig Willoughby</person>, owner of <org>Willoughby Insurance</org>, which specializes in finding coverage for high-risk drivers.</p><p>The perception of drinking and</p><p>driving over recent decades has shifted from an all-but-accepted practice rarely taken seriously by the courts to that of a crime.</p><p>Anti-drunk driving messages on TV, in the media and in high schools have emphasized the human toll these drivers can take on themselves, their passengers and others on the road.</p><p>Still, far too many drivers make a dangerous calculation that they can make it home without getting pulled over or getting into an accident.</p><p>In 2009, the most recent year for which data is available, police agencies in <location value="LU/us.ny.erie" idsrc="xmltag.org">Erie</location> and <location value="LU/us.ny.niaara" idsrc="xmltag.org">Niagara</location> counties issued 8,524 tickets for alcohol-related offenses--just three fewer than the total for the previous year, according to the state <org>Department of Motor Vehicles</org>.</p><p>For drivers who do get stopped by police--because they were weaving on the road, or they were nabbed in a DWI checkpoint--their problems begin with the Breathalyzer test.</p><p>Drivers who refuse to submit to a breath test, which is their right, are fined <money>$500</money> and will see their license revoked for one year following a DMV hearing.</p><p>After a DWI arrest, the driver's car typically is towed away and impounded, said <person>Sam Maislin</person>, an attorney who specializes in drinking-and-driving cases.</p><p>To get it back, a driver must pay an average <money>$150</money> towing fee and a storage fee of <money>$25 to $45</money> per day until the vehicle is released to the owner, according to lawyers and towing services.</p><p>That's all before the case goes to court, where the charge depends primarily on the results of blood-alcohol level testing.</p><p>In <location value="LS/us.ny" idsrc="xmltag.org">New York</location>, a blood-alcohol level of 0.08 percent and above will bring a DWI charge, while a reading of 0.05 percent to 0.07 percent brings a driving while ability impaired charge.</p><p>A higher reading, a prior DWI conviction or driving drunk with a child in the car can mean more serious charges, with stiffer fines and punishments.</p><p>At the arraignment, a judge can suspend someone's driving privileges pending the prosecution of the case.</p><p>Drivers can request a hardship license allowing them to drive to work, school or medical appointments, but they must document their need and the decision is up to the judge.</p><p>Given the gravity of the charges, people charged with DWI usually hire an attorney, and this can be a significant cost.</p><p>Lawyers in this area typically charge between <money>$1,500 to $5,000</money> to handle a DWI case, depending on its circumstances and complexity, Rossi said.</p><p>DWI cases can take four to eight weeks to be resolved, he added.</p><p>There is no such thing as an "average" DWI case, lawyers said, but drivers charged with DWI often can plead guilty to the lesser charge of DWAI.</p><p>This typically applies to first-time offenders who didn't cause an accident the night of their arrest and who recorded a blood-alcohol level closer to the 0.08 percent limit. "Some courts will not cut you a break no matter what," Rossi said.</p><p>A first-time DWAI conviction carries a fine of <money>$300 to $500</money> and a license suspension of 90 days, according to the DMV.</p><p>The defendant also must pay <money>$260</money> in state and local surcharges and a <money>$750</money> driver responsibility assessment, which is paid out over three years.</p><p>"Alcohol offenses are fundraisers for the <location value="LS/us.ny" idsrc="xmltag.org">State of New York</location>," Maislin said.</p><p>Judges often require drivers convicted of DWAI to attend a weekly drinking-and-driving class, which can cost up to <money>$225</money> and runs for 16 hours.</p><p>If a license is suspended, it costs <money>$25</money> to apply to have the suspension lifted, the DMV reported.</p><p>Judges can require drivers convicted of DWAI to install an ignition interlock device in their vehicles. Those devices carry installation charges of <money>$100</money> and monthly rental charges of <money>$75 to $100</money>, Rossi said.</p><p>Once all of this is paid for, drivers convicted of DWI or DWAI still face increased costs when they have to renew their automobile insurance.</p><p>"Any one of those preferred companies, when you get your first 'D' anything--DWI, DWAI--they're going to drop you," said Willoughby.</p><p>There are companies that insure drivers who have a DWI conviction, Willoughby said, and the New York Automobile Insurance Plan "high-risk pool" is another option.</p><p>The mark-up varies among insurers, but the state standard is a 60 per-cent premium increase for an alcohol- related driving offense, Willoughby said, and the higher charges can be kept in place for 39 months.</p><p>By comparison, a driver who causes an accident with more than <money>$2,000</money> in damages would see their insurance premium rise by 20 percent under the state standard, he said.</p><p>There are other consequences. People convicted of DWI or DWAI</p><p>are not allowed to cross into <location value="LC/ca" idsrc="xmltag.org">Canada</location> and this restriction remains in place for five years, until they can apply for a certificate of relief, Rossi said.</p><p>"The list goes on and on and on," he said.</p><p>Given all of this, a cab or designated- driving service starts to make more sense.</p><p>Designated Drivers of <location value="LU/us.ny.buffal" idsrc="xmltag.org">Buffalo</location>, which formed in 2008, offers the added benefit of driving both you and your vehicle home at the same time. The company sends out two employees, one who drives the client home in her vehicle and the other who follows in a second car to retrieve the designated driver.</p><p>The company charges <money>a$30</money> pickup fee and <money>$3</money> per mile for the ride home, or <money>a$25</money> pick-up fee and <money>$2</money>- per-mile charge for those who pay a <money>$50</money> annual membership fee, according to CEO <person>Michael Mule</person>.</p><p>The standard cab fare in the <location value="LU/us.ny.buffal" idsrc="xmltag.org">City of Buffalo</location> calls for <money>a$2.50</money> flat fee and <money>$3</money> for every mile, with additional costs for time spent idling at lights.</p><p>A ride home from the Chippewa strip to a home near <location>Main Street</location> and <location>Harlem Road</location> in <location value="LU/us.ny.snyder" idsrc="xmltag.org">Snyder</location> would cost about <money>$30</money> if the cabbie took the <location>Kensington Expressway</location>, for example.</p><p>"We're the best insurance policy that they can have," said <person>Bill Yuhnke</person>, president of <location value="LU/us.ny.librty" idsrc="xmltag.org">Liberty</location>/Yellow Cab.</p><p><a href="mailto:[email protected]">[email protected]</a></p><p class="shirttail">___</p><p class="shirttail">(c)2011 The Buffalo News (Buffalo, N.Y.)</p><p class="shirttail">Visit The Buffalo News (Buffalo, N.Y.) at www.buffalonews.com</p><p class="shirttail">Distributed by MCT Information Services</p>