The following discussion about DWI in New York is also from the website of the DUI Foundation and their link is above on the title of this post:
"Third Conviction
Three or more alcohol-related convictions in New York State within ten years can result in permanent revocation of a driver's license. Although waiver requests are permitted after five months of revocation, the Department of Motor Vehicles will be the final determinant in when and whether or not a license can be returned. This is not an automatic process. In fact, the convicted driver must reapply for a license and may be required to take a driver's test again.
Moving up into the Class D felony group, convicted drivers will now face a mandatory minimum fine of $2,000, with a potential maximum charge of $10,000. Furthermore, these steep fines don't even include the mandatory conviction surcharge and potential crime victim's assistance fees. The fees alone may reach upwards of hundreds of dollars.
On this third strike, the offender gets to spend a week-and-a-half in jail, or they may be allowed to substitute it for 60 days of community service. Depending on the circumstances, as many as seven years of incarceration could be the punishment. This possible jail sentence is technically what moves the driver from E into the D felony class.
Three DWI convictions in New York State within ten years can be summed up quickly as:
•Fine: $2,000 - $10,000
•Jail sentence: ten days - seven years (or 60 days community service)
•License revocation: 18 months or more"
Showing posts with label DUI. Show all posts
Showing posts with label DUI. Show all posts
Wednesday, August 19, 2009
Tuesday, August 18, 2009
MORE ON DWI IN NEW YORK
The following discussion about DWI in New York is also from the website of the DUI Foundation and their link is above on the title of this post:
"Second Conviction
If charged with a second driving while intoxicated (DWI) offense within ten years of the first misdemeanor, the driver faces Class E felony penalties. The mandatory fine starts at $1,000 and can run up to $5,000. There is a minimum one-year license revocation, but an ignition interlock and alcohol assessment may also be required.
A driver convicted of a second DWI offense will go to jail for at least five days unless they receive a sentence for 30 days of community service in lieu of this mandatory term. The sentence could involve an incarceration period of up to four years.
A second conviction for aggravated DWI within five years of the first offense involves sentencing similar to that of a Class E felony. However, the driver's license is revoked for a longer period of time-at least 18 months.
Although class E felonies carry the lightest sentences of the five felony classes, the minimum jail time for this class is one year.
In short, a driver convicted of a second DWI offense within ten years of the first conviction is looking at:
•Fine: $1,000 - $5,000
•Jail sentence: Five days - four years (or 30 days community service)
•LICENSE REVOCATION: 18 months or more"
"Second Conviction
If charged with a second driving while intoxicated (DWI) offense within ten years of the first misdemeanor, the driver faces Class E felony penalties. The mandatory fine starts at $1,000 and can run up to $5,000. There is a minimum one-year license revocation, but an ignition interlock and alcohol assessment may also be required.
A driver convicted of a second DWI offense will go to jail for at least five days unless they receive a sentence for 30 days of community service in lieu of this mandatory term. The sentence could involve an incarceration period of up to four years.
A second conviction for aggravated DWI within five years of the first offense involves sentencing similar to that of a Class E felony. However, the driver's license is revoked for a longer period of time-at least 18 months.
Although class E felonies carry the lightest sentences of the five felony classes, the minimum jail time for this class is one year.
In short, a driver convicted of a second DWI offense within ten years of the first conviction is looking at:
•Fine: $1,000 - $5,000
•Jail sentence: Five days - four years (or 30 days community service)
•LICENSE REVOCATION: 18 months or more"
Monday, August 17, 2009
MORE ON DWI IN NEW YORK
The following discussion about DWI in New York is also from the website of the DUI Foundation and their link is above on the title of this post:
"First Conviction
Driving while intoxicated in New York State is no small infraction. If you are stopped by an officer who administers a field sobriety test, then follows up with a chemical test, and the driver is found to have a blood alcohol concentration of at least .08, the driver is bound to face a harsh sentence.
Driving while intoxicated (DWI) is crime. A first conviction, considered a misdemeanor, will result in a substantial fine, mandatory surcharge, license revocation, and a possible jail sentence. An Aggravated DWI is something else entirely.
The state will fine a minimum of $500 and a maximum of $1,000 for a first conviction. Depending on the circumstances of the conviction, an additional jail sentence of up to a year is possible.
After an initial conviction, the state suspends a drunk driver's license for a minimum of six months. The law mandates that the offender participates in a Drinking Driver Program, and a conditional license may be awarded upon completion of the program if they are lucky.
The conviction will remain on the driver's permanent record as a misdemeanor. Plus, the convicted driver can expect his or her insurance premiums to skyrocket.
An aggravated DWI (BAC of .18 or higher) has far more severe consequences. Conviction of this first offense can result in double the fines of an average DWI conviction. Fines can be as steep as $2,500 in conjunction with a possible year-long jail sentence. A minimum of a one-year license revocation is also mandated.
In summary, the first DWI conviction in the State of New York entails:
•Fine: $1,000 - $2,500
•Jail sentence: Up to one year
•License revocation: One year or more"
"First Conviction
Driving while intoxicated in New York State is no small infraction. If you are stopped by an officer who administers a field sobriety test, then follows up with a chemical test, and the driver is found to have a blood alcohol concentration of at least .08, the driver is bound to face a harsh sentence.
Driving while intoxicated (DWI) is crime. A first conviction, considered a misdemeanor, will result in a substantial fine, mandatory surcharge, license revocation, and a possible jail sentence. An Aggravated DWI is something else entirely.
The state will fine a minimum of $500 and a maximum of $1,000 for a first conviction. Depending on the circumstances of the conviction, an additional jail sentence of up to a year is possible.
After an initial conviction, the state suspends a drunk driver's license for a minimum of six months. The law mandates that the offender participates in a Drinking Driver Program, and a conditional license may be awarded upon completion of the program if they are lucky.
The conviction will remain on the driver's permanent record as a misdemeanor. Plus, the convicted driver can expect his or her insurance premiums to skyrocket.
An aggravated DWI (BAC of .18 or higher) has far more severe consequences. Conviction of this first offense can result in double the fines of an average DWI conviction. Fines can be as steep as $2,500 in conjunction with a possible year-long jail sentence. A minimum of a one-year license revocation is also mandated.
In summary, the first DWI conviction in the State of New York entails:
•Fine: $1,000 - $2,500
•Jail sentence: Up to one year
•License revocation: One year or more"
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