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While State - Stop DWIstopdwi.org/sites/default/files/brochures/2017Updated/2017-02D STOP-DWI...

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Penalties for Driving While Intoxicated New York State www.stopdwi.org 2017-02D Funded by the National Highway Traffic Safety Administration with a grant from the New York State Governor’s Traffic Safety Committee The New York State Governor’s Traffic Safety Committee and the NYS STOP-DWI Foundation have developed the “Have A Plan” mobile app. This app provides you with a timely and convenient resource that enables you to locate and call a taxi service, program a designated- driver list, or even report a suspected impaired driver. Available for Apple, Droid, and Windows smart phones. The Cost of an Impaired Driving Conviction First Time Offender Towing $75+ Car Storage (per day) $45+ Defense Attorney $1,500+ Bail Fee $0 - $500+ DWI Fine $300 - $1,000 State Surcharges $260 - $400 Ignition Interlock (12 mo. min) $720 - $950+ Alcohol/Drug Assessment $100+ Victim Impact Panel $10 - $50 Probation Supervision $0 - $250+ Conditional License $75 Impaired Driver Program $225 - $240+ DMV Civil Penalty $125 DMV License Reinstatement $100 DMV Suspension Termination $ 50 NYS Driver Responsibility Assessment $250/year for 3 years Auto Insurance (per year) $2,000 - $3,000+ TOTAL: $6,285 - $9,195+* How a DWI Conviction Affects Auto Insurance Little known facts! An insurance company can deny no-fault coverage (personal injury protection for medical, rehabilitation and loss of wages) to the driver that causes a motor vehicle crash due to alcohol/drug involvement. An insurance company can deny parents whose child resides with them the standard or preferred rate due to the alcohol related driving offense of their child. In other words, the insurance rates for parents could increase simply because their child lives with them and has a DWI conviction. Have A Plan to get home safely. Local Resources
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Page 1: While State - Stop DWIstopdwi.org/sites/default/files/brochures/2017Updated/2017-02D STOP-DWI Penalties-F2.pdfoffense is an essential element) Blood Alcohol Content >.08. 1st Offense

Penalties for Driving While Intoxicated New York State

www.stopdwi.org

2017-02D

Funded by the National Highway Traffic Safety Administration with a grant from the New York State

Governor’s Traffic Safety Committee

The New York State Governor’s Traffic Safety Committee and the NYS STOP-DWI Foundation have developed the “Have A Plan” mobile app. This app provides you with a timely and convenient resource that enables you to locate and call a taxi service, program a designated-driver list, or even report a suspected impaired driver. Available for Apple, Droid, and Windows smart phones.

The Cost of an Impaired Driving Conviction First Time Offender

Towing $75+Car Storage (per day) $45+Defense Attorney $1,500+Bail Fee $0 - $500+DWI Fine $300 - $1,000State Surcharges $260 - $400Ignition Interlock (12 mo. min) $720 - $950+Alcohol/Drug Assessment $100+Victim Impact Panel $10 - $50Probation Supervision $0 - $250+Conditional License $75Impaired Driver Program $225 - $240+DMV Civil Penalty $125 DMV License Reinstatement $100DMV Suspension Termination $ 50NYS Driver Responsibility Assessment $250/year for 3 yearsAuto Insurance (per year) $2,000 - $3,000+

TOTAL: $6,285 - $9,195+*

How a DWI Conviction Affects Auto InsuranceLittle known facts!An insurance company can deny no-fault coverage (personal injury protection for medical, rehabilitation and loss of wages) to the driver that causes a motor vehicle crash due to alcohol/drug involvement.

An insurance company can deny parents whose child resides with them the standard or preferred rate due to the alcohol related driving offense of their child. In other words, the insurance rates for parents could increase simply because their child lives with them and has a DWI conviction.

Have A Planto get

home safely.

Local Resources

Page 2: While State - Stop DWIstopdwi.org/sites/default/files/brochures/2017Updated/2017-02D STOP-DWI Penalties-F2.pdfoffense is an essential element) Blood Alcohol Content >.08. 1st Offense

DWI - PER SE or DWI (VTL §1192.2, 1192.3 or any penal law crime where 1192 offense is an essential element) Blood Alcohol Content >.08

1st Offense (misdemeanor) $500 - $1,000, 1 year jail 6 month revocation + Ignition Interlock

2nd Offense (class E felony) – w/in 10 years $1,000 - $ 5,000, 4 years jail 1 year revocation + Ignition Interlock

DRIVING WHILE ABILITY IMPAIRED BY A DRUG (VTL §1192.4)

1st Offense (misdemeanor) $500 - $1,000, 1 year jail, 6 months rev.

2nd Offense (class E felony) – w/in 10 years $1,000 - $5,000, 4 years jail, 1 year rev.

DRIVING WHILE IMPAIRED BY COMBINED ALCOHOL AND DRUGS (VTL §1192.4a)

1st Offense (misdemeanor) $500 - $1,000, 1 year jail, 6 months rev.

2nd Offense (class E felony) – w/in 10 years $1,000 - $5,000, 4 years jail, 1 year rev.

AGGRAVATED DRIVING WHILE INTOXICATED (VTL §1192.2a (a)) Blood Alcohol Content > .18

1st Offense (misdemeanor $1,000 - $2,500, 1 year jail 1 year revocation + Ignition Interlock

2nd Offense (class E felony) – w/in 10 years $1,000 - $5,000, 4 years jail 18 months revocation + Ignition Interlock

DRIVING WHILE ABILITY IMPAIRED (VTL §1192.1) Blood Alcohol Content > .05-.07

1st Offense (traffic infraction) $300 - $500, 15 days jail, 90 day suspension

2nd Offense (traffic infraction) – w/in 5 years $500 - $750, 30 days jail, 6 months rev.

ADDITIONAL PENALTY INFORMATION

The Department of Motor Vehicles determines when your license can be returned. Its restoration or re-instatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to pass a test.

Applicants with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Impaired Driver Program (IDP) and will be required to submit proof of rehabilitation.

Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation with a waiver request permitted after a minimum of 5 years.

Courts must order all drivers convicted of misdemean-or or felony drunk-driving charges to install and main-tain ignition interlock devices on any vehicles they own or operate for at least twelve months at their own expense, in addition to any other terms of sentence.

Leandra’s Law (Child Passenger Protection Act)

was enacted in 2009 and amended in 2013. It created special child endangerment laws that punish drivers who place a child passenger, (under the age of 16) at risk while driving under the influence of alcohol or drugs.

Vince’s Law (Multiple DWI Offenses)

The penalty levels for offenders who commit four or more DWI offenses within 15 years is a Class D Felony with an indeterminate prison sentence 2 1/3 to 7 years in state prison and a fine of up to $10,000.

Sean’s Law

This Law allows the judge to suspend the license or learner’s permit of a minor charged with DWI or DWAI until the minor’s next court appearance.

Tiffany’s Law

Considers prior DWI or DWAI convictions when sentencing a person for Boating While Intoxicated or Boating While Ability Impaired.

AGGRAVATED DRIVING WHILE INTOXICATED WITH A CHILD

(Child Passenger Protection Act) Leandra’s Law (VTL §1192.2a (b))

1st Offense (class E felony) $1,000 - $2,500, 4 years jail 1 year revocation + Ignition Interlock

2nd Offense (class D felony) – w/in 10 yrs $2,000 - $10,000, 7 years jail 18 mo. revocation + Ignition Interlock

ZERO TOLERANCE Driver less than 21 years old (BAC: .02 - .07) (VTL §1192-A)

1st Offense (administrative) $125 civil penalty, 6 month suspension

2nd Offense (administrative) $125 civil penalty, 1 year rev or until age 21

CHEMICAL TEST REFUSALS (VTL §1194)

1st Offense (administrative) $500 civil penalty, 1 year revocation

2nd Offense (administrative) – w/in 5 years $750 civil penalty, 18 mo. revocation

Zero Tolerance (1st offense) (Under 21 refusal) $300, 1 year revocation

Zero Tolerance (2nd offense) (Under 21 refusal) $750, 1 year revocation

FINANCIAL PENALTY INFORMATION

The fines listed do not include the state mandated surcharges, crime victim assistance fees, or probation supervision fees.

The New York State Department of Motor Vehicles will assess a Driver Responsibility Assessment annually of $250 for three years.

LICENSE PENALTIES

License penalties are different for persons under the age of 21 and those holding Commercial Driver Licenses.


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