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DWI And Related Offense -Penalties |
|
Offense |
Penalties |
|
|
Fine |
Max.
Jail |
Suspension/
Revocation |
| |
|
Driving While Impaired
VTL 1192.1 |
| |
|
1st
Offense |
$300-$500 |
15
Days |
90 Day Suspension |
|
2nd
Offense w/ in 5 years |
$500-$750 |
30
Days |
6 Month Revocation |
|
3rd
Offense w/ in 5 years |
$750-$1,500 |
180
Days |
6 Month Revocation |
| |
|
|
Driving
While Intoxicated
VTL 1192.(2)(3)
VTL 1192.4
Impaired By Drugs |
|
1st
Offense |
$500-$1,000 |
1
Year |
6 Month Revocation |
| |
|
|
Felony
DWI
VTL 1193-2(b)(2)
1193-1(c) (Excludes Priority.0.) VTL 1192.(2)(3)(4) |
|
2nd
Offense |
$1,000-$10,000 |
7
Years |
1 Year Revocation
*unless injury involved |
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Note:
Both jail and fine are no longer mandatory for felony DWI, VTL
1193.1(c).
Suspension pending prosecution- where charge is 1192 (2) (3) (4)
and same conduct
gives rise to charge of vehicular assault, or manslaughter PL 120,
125 or if there is a
prior 1192 conviction in the past five years.
Revocation
upon refusal to submit- hearing required within 15 days of arraignment
1192-2 (2)(c). Finding of refusal results in minimum 6 month revocation
1194-2 (2)(2)(d).
In addition, civil penalties may be imposed for such refusal.
Operators under 21 years of
age or operators with commercial license may face greater
periods of revocation,
1193-2 (b),(5,6), 1194-2 (d) (1) (b). *Mandatory
|
* These
are court imposed revocations. If 3 or more convictions within 10
years, DMV
extends waiting period for relicensure 6 months for each alcohol
related incident.
** Both jail
time and fine are no longer mandatory for felony DWI. VTL
1193.1(c)
*** Motorist under 21 of age or operators with a commercial
license may face
greater periods of revocation.
Suspension Pending Prosecution -
Where BAC is .10 or more: 30 days or until disposition of case
whichever is more.
Motorist can apply for Hardship Privilege license, and
pre-conviction conditional license
after thirty days.
Where charge is 1192.(2)(3) or (4) and same conduct gives rise to
charge of Vehicular
assault, or manslaughter, PL 120, 125 or where there is a prior
1192 conviction within
preceding 5 years. No possibility of pre-conviction conditional
license after thirty days.
VTL 1193(2)
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