A DUI In New York Carries Harsh Penalties

By: Johnson Merel

The penalties for a DUI in New York have become severe because the statistics show just how dangerous drinking and driving can be. For instance, 1/3 of all New York fatalities involve not only impaired drivers, but impaired pedestrians too! The statistics also show that, as a person’s blood alcohol concentration (BAC) level rises, so, too, do their rate of car accidents. Consider the facts that a driver with a .08 BAC is 4 times as likely to cause an accident, and a driver with a .16 BAC is 25 times as likely to cause an accident when compared to sober drivers. Therefore, in an effort to protect all drivers, New York has implemented some very harsh dui fines and dui penalties.

Your 1st drunk driving conviction brings a jail term of up to 1 year, fines from $500 to $1,000, plus a mandatory surcharge, and a 6-month minimum driver’s license suspension. In addition, alcohol screening and/or an alcohol evaluation will be mandatory. Depending on your particular circumstances, you may be required to install an ignition interlock device (IID) in your car, and you may need to undergo a driver responsibility assessment. And if there was a passenger under the age of 16 in your vehicle at the time of your New York DUI, you will be in violation of Leandra’s Law, which passed the New York State Senate on November 17, 2009, and states you will be charged with a Class “E” felony, be fined up to $5,000, and/or be jailed up to 4 years.

A 2nd offense is a Class “E” felony dui that carries a jail term from a minimum of 5 days up to 4 years, or community service for 30 days, fines from $1,000 to $5,000, plus a mandatory surcharge, a 1-year minimum license suspension, the mandatory installation of an IID in your car (at your expense), and you must undergo an alcohol assessment. Leandra’s Law takes effect if a passenger under the age of 16 was in your vehicle when you were arrested for dui, and you will therefore be charged with a Class “E” felony, be fined up to $5,000, and/or be jailed up to 4 years.

The 3rd drunk driving offense is a Class “D” felony that has a jail term of a minimum of 10 days up to 7 years, or community service for 60 days, fines from $2,000 to $10,000, plus a mandatory surcharge, a license suspension for a minimum of 1 year, the installation of an IID, and an alcohol assessment. And if there was a passenger under 16 in your car, you will be in violation of Leandra’s Law, and be charged with a Class “E” felony, be fined up to $5,000, and/or be jailed up to 4 years.

Leandra’s Law also provides severe penalties for a drunk driver who causes serious physical injury to someone under the age of 16, charging them with aggravated vehicular assault, and increasing the penalty to a Class “C” violent felony. If a drunk driver causes the death of someone under the age of 16, they will be charged with aggravated vehicular homicide, and the penalty increases to a Class “B” violent felony.

In addition to its harsh dui laws, New York has also strengthened its DUI enforcement and prosecution with its STOP-DWI Law. Under this law, all fines for a DUI in New York are returned to each of its counties in which the DUI occurred, which in turn use that money for additional police and equipment for DUI enforcement, more district attorneys for prosecution of dui cases, more judges to hear and adjudicate the cases, as well as public education to eliminate drinking and driving in the first place.

About the Author

MyDUIAttorney.org is a directory of qualified attorneys, lawyers and firms who deal with drunk driving cases and help defend those charged with a DUI offense. The directory provides a source of marketing and lead generation for these attorneys, lawyers and law firms, making it easy for DUI offenders to search and contact qualified professionals who can help them.



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