WISNER & WISNER'S DWI LAW FORMS

The forms listed below are frequently used by courts in DWI cases.  We have provided them to allow clients to review them in advance of court and become familiar with the documents they are expected to sign or expected to follow if ordered by the court.  The forms are also listed to assist court clerks by becoming familiar with those forms used by other judges to simplify the process.  Since the ignition interlock law came into effect there has been confusion on the part of courts, clerks and clients on what forms to use and when. 

1.  ORDER OF SUSPENSION PENDING PROSECUTION. HARDSHIP PRIVILEGE

This is a two part form created by the New York State Department of Motor Vehicles. The top half is used if the defendant's license is suspended (not revoked) at arraignment if you are alleged to have .08% of one percent by weight alcohol in your blood, you were convicted of violating 1192 in the preceeding five years or you are charged with 1192 and have a learners permit. The defendant is granted driving privileges.  The driving privileges under a Hardship Conditional License are limited to work, school and medical treatment.  Note that driving privileges cannot be created by the court if your license is otherwise suspended or revoked.  Nor does this Hardship Privilege apply to commercial drivers.

The second part of the form is used if the defendant does not have a vehicle to drive, does not have a employer or is not in school.  It is also used if the defendant does not qualify for a condition license (e.g. has a prior 1192 within the preceeding five years).

2.  ORDER OF SUSPENSION OR REVOCATION

This form created by the New York State Department of Motor Vehicles is executed by the Court following a plea of guilty or following a verdict of guilty after a trial. 

The license is suspended if the motorist is convicted of VTL 1192(1), driving while ability impaired.  The license is revoked if there is a conviction to VTL 1192(2), driving with .08% of one percent alcohol in the blood, 1192(3), driving while intoxicated.

The form also provides for a conditional discharge for one year or three years.  It also provides for probation for three or five years.  If the court orders the installation of the ignition interlock device it must be installed within ten (10) business days from the date of sentence.

3.  IGNITION INTERLOCK INSTRUCTIONS FOR A DEFENDANT

This form sets forth the instructions for a defendant to follow regarding the ignition interlock device if the sentence includes a conditional discharge or probation.

4.   IGNITION INTERLOCK SERVICE CENTERS - MONROE COUNTY

This form sets forth the Ignition Interlock Device Service Centers in Monroe County as of April 29, 2011.  It has the device name, installation cost, monthly monitoring fee, the service center address and their telephone number.  It appears that only the Interceptor M-1 and the CST models are available if a defendant is sentenced to three or five years probation.  As of June 2011 Monroe County Probationers must have a Ignition Interlock Device with a camera installed. 

5.  VTL 1192 CONVICTION. ONE YEAR CONDITIONAL DISCHARGE FORM

This form created by the Hon. Thomas Rainbow Morse, Rochester City Court consolidates the information required for a defendant convicted of a VTL 1192 (DWI, .08% or more blood alcohol level, Aggravated DWI or DWAI) to this one page form for a one year conditional discharge.  Pages two and three are used only if the defendant is sentenced to three years probation.  The New York State Division of Criminal Justice Services forms originally sent sixteen or more forms to the courts which lead to confusion as to what form or forms needed to be completed.  It also lead to delays at the time of sentencing.  The Justice has consolidated many of the forms and these forms have been adopted by other justices in Monroe County and other counties.

6.  LIST OF MANUFACTURERS OF IGNITION INTERLOCK DEVICES

This form lists many of the manufacturers of the ignition interlock devices, their addresss and telephone number.

7.  LIST OF FEATURES IGNITION INTERLOCK DEVICES

This form lists many of the features on each of the ignition interlock devices to assist a defendant in making his/her choice as to which device they would like to have installed.  It also lists the installation fee, monthly fee, de-installation fee and lockout fee.  (Lock out occurs when there are consecutive test results which reflect a breath alcohol level above requirements.  A waiting period is required before the vehicle will engage.  Further, a report of the incident is generated and sent to probation.)

8.  FINANCIAL DISCLOSURE FORM FOR IGNITION INTERLOCK

This New York State Ignition Interlock Device Financial Disclosure Report form is used by defendants who believe they may qualify to have the ignition interlock installation and monthly monitoring costs paid for by the state.  This form must be completed prior to sentence so that the court may consider your financial affordability.

9.  FINANCIAL DISCLOSURE FORM - SPANISH