DWI laws in NY New York

DWI laws in NY New York

First NY DWI Offense
Jail – Up to 1 Year
Fine – From $500 to $1,000
License Suspension – 6 Month Minimum
Pay Mandatory Surcharge
Mandatory Alcohol Screening and/or Alcohol Evaluation
Other Possibilities
Ignition Interlock Device
Driver Responsibility Assessment

Passenger Under 16 in Vehicle
Class "E" Felony
Fine Up to $5,000 and / or,
Jail - Up to 4 Years
Second NY DWI Offense
2nd Drunk Driving Conviction
Felony Charge (Class “E”)
Jail – From 5 Days (Minimum) to 4 Years or,
Community Service – 30 Days
Fine – From $1,000 to $5,000
License Suspension – 1 Year Minimum
Ignition Interlock Device

Third NY DWI Offense
3rd Drunk Driving Conviction
Felony Charge (Class “D”)
Jail – From 10 Days (Minimum) to 7 Years or,
Community Service – 60 Days
Fine – From $2,000 to $10,000
License Suspension – 1 Year Minimum
Ignition Interlock Device
Alcohol Assessment
Pay Mandatory Surcharge
Passenger Under 16 in Vehicle
Class "E" Felony
Fine Up to $5,000 and / or,
Jail - Up to 4 Years
DWI laws in NY New York
As of August 15, 2010, defendants convicted of a DWI will be sentenced to probation or a conditional discharge which must be accompanied by the installation and maintenance of an IID in any car owned or operated by the defendant. The installation will continue for the duration of the probation or conditional discharge or for a period of six months, whichever is longer. Additionally, the defendant is responsible for the cost of both installation and maintenance of the device. In the case the defendant is financially unable to bear the costs the court may waive the cost or offer a payment plan.

A person who operates a vehicle while under the influence with a passenger under the age of sixteen would be guilty of a class E felony punishable by a fine of up to five thousand dollars and or a period of imprisonment of up to four years.
A person who causes the death of a person under the age of sixteen be charged with the crime of aggravated vehicular homicide and increases the penalty from a class B felony to a class B violent felony.
A person who causes serious physical injury to a person under the age of sixteen be charged with the crime of aggravated vehicular assault and increases the penalty from a class C felony to a class C violent felony.
How many drinks does it take to reach the legal limit in New York?

There are charts and calculators that can help you determine how many drinks it would take to become legally drunk, however there are variables that these tools do not take into consideration that may play a role in your individual BAC level. It is safe to say that for each drink you take, you get that much closer to driving while intoxicated.

The best answer is not to drink and drive . The State of New York has strict laws for drunk driving, and when you drink and drive in New York, you risk your freedom, finances and your future.

State of New York BAC Laws:
All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.
Your first conviction for driving while intoxicated (DWI) in the State of New York with a BAC of .08 percent or higher is a misdemeanor. You will be fined from $500 to $1,000 and you could spend up to 1 year in jail. Your drivers license will be suspended for a minimum of 6 months and you will be ordered to pay a mandatory conviction surcharge. You will also be ordered alcohol screening and evaluation prior to sentencing.
DWI laws in NY New York
Your second conviction for a DWI in New York State within 10 years of the first DWI will be a Class E Felony. This felony will cost you a minimum fine of $1,000 or up to $5,000. You will also receive a minimum jail sentence of 10 days in jail or be ordered to perform 60 days of community service.

The minimum 10 day jail sentence can be increased by the court up to 7 years in jail. Your driver license will be revoked for a minimum of 1 year plus you will have to pay for an ignition interlock device that will be placed on your vehicle once your suspension is over. The court will also have you pay for your alcohol assessment.

A 3rd drunk driving conviction in New York is a class D felony. You will be fined a minimum of $2,000 up to $10,000. You could be sentenced up to 7 years in jail, 10 days of which is mandatory.

The court may also order you to serve 60 days of community service. Your driver license will be revoked for a minimum of 1 year plus you will have to pay for an ignition interlock device that will be placed on your vehicle once your suspension is over.

The State of New York prohibits driving with a blood alcohol concentration (BAC) of .08 percent or above. The .08 limit is used throughout the United States as the benchmark for the "impaired" driver. New York State has lower limits for Commercial drivers (.04) and drivers under the age of 21 (.02).

The laws for drivers under 21 are effectively a zero tolerance law and a minor could lose the privilege to drive until they become an adult. The New York law also addresses driving under the influence of drugs, alcohol or both.

The Implied Consent Law in New York
Like other states across the country, New York State has an implied consent law. This law means that all drivers on the roadways of New York agree to submit to a chemical test of their blood, breath or urine of an officer of the law suspects the driver is under the influence of alcohol or drugs. If you refuse such a test you drivers license will be suspended in court and revoked for a minimum of 1 year. You will also be fined $500 on your first refusal and $750 for your second.

First New York DWI Offense:


New York Criminal Status: Non-injury DWAIs are generally traffic infractions, non-injury DWIs are generally misdemeanors. DWAIs and DWIs that result in bodily injury may be elevated to felony status, depending upon on the circumstances.

DWI laws in NY New York
Jail: DWAI: up to 15 days in jail. DWI: up to one year in jail. Actual time served will depend on the circumstances surrounding the DWI and the judge.

Ignition Interlock Device (IID): Effective August 15, 2010, "Leandra's Law," promulgates that all first time misdemeanor offenders must install an IID on their vehicle for a minimum of 6 months.  The offender also must bear the costs of the IID. The installation cost is approximately $100 and the monthly IID maintenance fee ranges from $70 to $100.

DWI Arrest with a Child in the Car:  Under "Leandra's Law", driving impaired or with at least a blood alcohol level of .08 with a child passenger age 15 and under, is a Class E felony-for both first-time and repeat offenders.  The offense carries 1 to 4 years in prison, and a fine ranging from $1,000 to $5,000.




New York DWI Fines/Costs:


- DWAI: $300 - $500 plus possible penalty assessments.


- DWI: $500 - $1,000 plus possible penalty assessments.


- Zero Tolerance: $125 civil penalty, $100 suspension termination fee.


- Driver Responsibility Assessment: $250 – may need to be paid annually for 3 consecutive years ($750 total) on top of fines listed above.

New York License Suspension:


- DWAI: 90 day suspension


- DWI: Revoked for at least 6 months


Violation of Zero Tolerance Law: 6 months suspension

DWI laws in NY New York
New York Conditional License: Possible after participating in New York’s Drinking Driver Program (DDP).

Vehicle Impound: Yes.

New York DWI School: Attendance at a Victim Impact Panel, Optional Drinking Driver Program (DDP).

New York Probation: Possible probation, usually report to a probation officer. Offenders are tracked through probation and treatment for re-licensing purposes.

New York Community Service: Community service may be possible as part of probation, but it depends on the court and the individual judge.






Second New York DWI Offense Plus:



New York Criminal Status: Non-injury DWAIs are generally traffic infractions, non-injury DWIs are generally misdemeanors. DWAIs and DWIs that result in bodily injury may be elevated to felony status, depending upon on the circumstances.


Jail: Minimum of 5 days (or community service as an alternative), maximum of 30 days.


New York DWI Fines/Costs:


- Second DWAI violation in five years: $500 - $750, plus fees and assessments.


- Second DWI violation in 10 years: $1,000 - $5,000, plus fees and assessments.


- Second violation of Zero Tolerance Law: $125 civil penalty and $100 reapplication fee.


New York License Suspension:


- Second DWAI in five years: 6 month revocation


- Second DWI: one year revocation


- Second Zero Tolerance Law violation: one year revocation or until 21


Vehicle Impound: Yes.


New York DWI School: Possible attendance Drinking Driver Program (DDP) Link: http://www.nydmv.state.ny.us/broch/c40.htm. Additionally, courts may require attendance at a “Victim Impact Program”


New York Probation: Yes. Depends on offense, court and judge. Offenders are tracked through probation and treatment for re-licensing purposes. Alcohol or drug treatment program may be prescribed by court as part of probation. Probation periods for misdemeanors are between one and three years.


New York Community Service: 5 days of community service generally required.


Other:

DWI laws in NY New York
Commercial Vehicle:

Per se – level 1 (BAC of .04 - .07); fine of $300 - $500 (plus possible assessments); misdemeanor, maximum possible jail term of 15 days, 1 year CDL (commercial driver’s license)
Class A, B or C disqualification or 3 years if driving a vehicle that requires hazardous materials placards.


Per se – level 2 (BAC of .06 to .08, fine of $500 - $1,500 (plus possible assessments), misdemeanor, maximum possible jail term of 180 days, 1 year CDL disqualification / revocation. CDL operators under the age of 21 will be guilty of DWI with a BAC of .02 - .04.


Under Age: 21


New York DWI Insurance Consequences: How a DUI/DWI Affects Your Car Insurance.

New York Open Container Laws: Yes. Driver/passenger.

How long does a DWI stay on your record? A DWI in New York stays on your driving record for 10 years.

Driver Responsibility Tax: Yes. New York has a driver responsibility ‘assessment’ of $250 that may need to be paid annually for three consecutive years ($750 total) on top of fines.

Of all the fatalities in New York, one-third involve impaired or intoxicated drivers and pedestrians.
As your blood alcohol concentration (BAC) goes up, so does your risk of a crash. You're four times as likely as a nondrinking driver to cause a crash if your BAC is 0.08%. With a BAC of 0.16%, you're 25 times as likely to cause a crash.
Drivers who are under 21 are nearly three times as likely as other drivers to be involved in a fatal crash that is related to alcohol.
Sound depressing? It is. Drunk driving hurts the society that foots the bills, the innocent victims of inebriated drivers, and the drivers themselves. The economic and social impact pales only in comparison to the loss of life.
DWI laws in NY New York
The Crimes
If you're cited for drunk driving, you're no longer in the realm of traffic court. This is a criminal offense, so you'll be arrested and then go to court to face a criminal law judge. New York prosecutes those who commit the following crimes:

DWI: Driving While Intoxicated. This applies to drivers who have a BAC of 0.08% or higher or who demonstrate other evidence of intoxication.
DWAI: Driving While Ability Impaired (by alcohol). Having a BAC of less than 0.08% doesn't mean you're OK to drive. You may be convicted of a DWAI with a BAC of between 0.05% and 0.07%, or if you show other evidence that you are impaired.
DWAI/Drugs: Driving While Ability Impaired (by a drug other than alcohol). It's not just booze that affects your driving ability, so this law covers any substance that could make you a dangerous driver.
Chemical Test Refusal. If a cop asks you to, you're required to submit to a breath, blood, or urine test to find out your BAC. If you refuse, at the very least your license might be revoked and you'll have to pay a $350 civil penalty.
Zero Tolerance Law. It's illegal for anyone under 21 to drive with a BAC of 0.02% and above.

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

A change to the NYS Vehicle and Traffic Law requires drivers who are convicted of specific traffic violations to pay an assessment to the DMV.  The Driver Responsibility Program applies to all drivers who operate, or operated, a motor vehicle in the State of New York, regardless of the state the motorist is licensed in.  The purpose of the Driver Responsibility Program is to prevent the repeated behavior of problem drivers and to improve traffic safety.

Information About Driver Responsibility Assessments
What is a driver responsibility assessment?

In addition to any fines, fees, penalties, or surcharges that you pay for a traffic conviction, you must pay the driver responsibility assessment. The assessment is an amount that you must pay each year for three years. You pay the assessment to the DMV.

Who must pay a driver responsibility assessment?

You can have NYS driver responsibility assessments to pay if you have a driver license in NYS or a driver license from another state and you have driver incidents in NYS.

You must pay the driver responsibility assessment if any of the following incidents occur in NYS:
DWI laws in NY New York
you are convicted of an alcohol-related traffic violation and the violation occurred on or after November 18, 2004 (includes boats and snowmobiles); or
you are convicted of a drug-related traffic violation and the violation occurred on or after November 18, 2004 (includes boats and snowmobiles); or
a DMV hearing determines that you refused a chemical test and the refusal occurred on or after November 18, 2004 (includes boats and snowmobiles); or
you receive six or more points on your NYS driver record during a period of 18 months and the violations occurred on or after November 18, 2004.
How do I know if I must pay the driver responsibility assessment?

If you must pay an assessment, the DMV will send a statement to you. The statement will display the information that you will need to pay the assessment.

What is the amount of the driver responsibility assessment?

The amount of a driver responsibility assessment depends on the type of violation and the total of your driver violation points.

If you are convicted of a traffic violation that is alcohol-related or drug-related, or if you refuse a chemical test, the annual assessment is $250. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $750.

If you receive six points on your 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.

New York DWI Penalties in criminal court are as follows:
 Driving While Impaired by Alcohol, VTL Section 1192.1:
Considered a non-criminal "traffic infraction" which does not leave the driver with a criminal record, this is the least serious DWI / DUI offence. The penalties can range from a minimum fine of $300.00 and a maximum fine of $500.00 to up to 15 days in jail or both. However, if the driver has already been convicted of one prior DWI / DUI offense in New York, the penalty is increased to a minimum fine of $500.00 and a maximum fine of $750.00 or 30 days in jail or both. If the driver has been convicted of two or more DWI offenses in New York, then the classification of this DWI offense is changed to a misdemeanor (which does give the driver a criminal record) with a minimum fine of $750.00 and maximum of $1,500.00, plus up to 180 days in jail or both. A mandatory 90-day suspension of the driver's license to operate a vehicle will be imposed if the motorist has no prior DWI convictions. The suspension is for 6 months where the motorist does have a prior DWI conviction. However, NY courts are often willing to postpone that suspension for 20 days in order for the motorist to petition the Department of Motor Vehicles for a restricted license that will permit them to drive to and from work only.
DWI laws in NY New York
 Driving While Intoxicated, VTL Section 1192.2:
This is the standard, garden-variety drunk driving offence that is typically charged when a motorist is arrested for DWI. It is considered a misdemeanor and does constitute a crime, giving the driver a criminal record. The minimum penalty, assuming no prior convictions for DWI as a misdemeanor, is a minimum fine of $500.00 and a maximum fine of $1,000.00 or both. A term of no more than one year in a NY prison is authorized. The mandatory license revocation is for 6 months, with the same provision for a restricted license through DMV as outlined above.
DWI as a felony offense: When a person has already been convicted of DWI as a misdemeanor (as opposed to Driving While Impaired, a "traffic infraction") the next DWI is much more serious. If the second DWI case is for Driving While Intoxicated, most commonly brought under VTL Section 1192.2, the new charges are raised to the level of a class "E" felony. The penalties increase as well. The minimum fine is $1,000.00 with a maximum fine of $5,000.00 possible. The motorist is also more likely subject to a period of probation for 5 years or may even be incarcerated for a period of up to one and one-third to four years. In such cases, NY courts can combine the penalties imposed, depending on the circumstances.