| |
A defendant convicted
of any violation of New York's Vehicle and Traffic Law §1192
will face adverse consequences to his drivers license, a fine,
increased insurance rates for several years, and a record
with the Department of Criminal Justice Services for life.
In addition, the defendant faces the possibility of incarceration,
the length of which depends on the charge. While incarceration
is more probable in misdemeanor and felony convictions than
with a criminal violation of §1192(1) (more colloquially
referred to as Driving While Ability Impaired) even though
that charge carries with it up to 15 to 30 days incarceration.
New York laws in this area are subject to frequent change
and we ask that you call for an appointment to discuss what
penalties you might presently face.
Suspension Pending Prosecution
In New York, a drivers license is suspended at the time of
arraignment while a criminal prosecution is pending. This
means that a driver loses some, and possibly all, of his driving
privileges merely by being charged with violating any VTL
§1192. It is, however, possible to retain some driving
privileges by aggressively seeking a hardship conditional
driving privilege or, if eligible for the drinker driver program,
a conditional license. Suspension and Revocation upon Refusal.
In New York, after a defendant is arrested for any violation
of VTL §1192,
the driver is read a warning of the consequences of a refusal
and is directed to submit to a chemical test. If the driver
refuses to submit to a chemical test
his license is suspended and operating privileges are revoked
by the court as
directed by the New York State Department of Motor Vehicles.
The privileges are suspended regardless of whether the defendant
is found guilty of the charge that he faces. The driver is
given notice of a Department of Motor Vehicles "safety" hearing
within fifteen days of the arraignment. If it is determined
that the driver refused to submit to a chemical test, was
given the proper warnings, was lawfully arrested for violating
§1192, then driving privileges are revoked for six months
by the Department of Motor Vehicles. The driver still faces
the sanctions for violating the section of §1192 that
he is facing. (See those sections)
Operators Under 21
If a driver is under the age of 21 and is convicted of any
violation of §1192
he can be face sanctions including a one year revocation.
For repeat
offenders under the age of 21 the license will be revoked
for a year or until the driver reaches the age of 21. In addition,
if the driver is not charged with
driving while intoxicated or driving while ability impaired,
New York has a zero tolerance law for drivers under the age
of 21 who have operated a motor vehicle after they have consumed
alcohol. If the blood alcohol content is between .02 and .07
of one percent by weight of alcohol he will be found to have
consumed alcohol. Civil penalties, license suspension or revocation
are possible sanctions that may follow from a Department of
Motor Vehicles hearing. A underage driver may be charged with
violating the zero tolerance law if he is not charged with
driving while intoxicated or driving while impaired.
Infraction -Driving While Ability Impaired, First Offense
Driving While Ability Impaired or DWAI is a violation of VTL
§1192(1) and is a traffic infraction. Possible sanctions
for a first time offender include up to 15 days in jail, a
fine between $300.00 and $500.00, suspension of the drivers
license for 90 days, suspension of registration for 90 days,
a surcharge of $30.00, attendance at a Victim Impact Panel.
Infraction -Driving While Ability
Impaired, Second Offense
For second offenders of Driving While Ability Impaired, sanctions
include up to thirty days in jail, a fine of $500.00 to $750.00,
revocation of the
drivers license for six months, proof of rehabilitation or
favorable alcohol
evaluation before a license is reissued, possible revocation
of registration for six months, in addition there are surcharges
and attendance at the victim impact panel.
Misdemeanor - Driving While
Ability Impaired
A defendant who has two or more prior violations of VTL §1192
within the
preceding ten years and is then charged with driving while
ability impaired can be charged with a misdemeanor. This is
a criminal charge. A defendant will face a criminal record
which can affect future employment, military service, insurance
and travel in and out of Canada just to name a few possible
repercussions. Possible sanctions include up to 180 days in
jail, a fine of $750.00 to $1,500.00, one year of probation,
revocation of license for at least six months however the
revocation may be enlarged to 18 months by the Department
of Motor Vehicles. Addition penalties can include revocation
of registration for up to 6 months, a surcharge of $110.00,
local court surcharges, victim assistance fees, attendance
at a victim impact panel and proof of alcohol rehabilitation,
and the defendant may not be eligible for a conditional drivers
license.
Misdemeanor - Driving While
Intoxicated
This is a criminal charge. A criminal record can affect future
employment,
military service, insurance and travel in and out of Canada
just to name a few possible repercussions. In addition, sanctions
can include incarceration of up to 1 year in jail, a fine
of $500.00 to $1,000.00, 3 years probation,
revocation of drivers license for 6 months, revocation of
registration for 6 months, a surcharge of $110.00, local court
surcharges, victim assistance fees, attendance at a victim
impact panel and proof of alcohol rehabilitation, and the
defendant may not be eligible for a conditional drivers license.
Misdemeanor - Second Offense
of Driving While Intoxicated
Whether a driver is charged with a misdemeanor or as a felony
depends on
whether the prior conviction is within 10 years of the new
arrest. A driver facing misdemeanor charges faces a possible
criminal conviction. A criminal record can affect future employment,
military service, insurance and travel in and out of Canada
just to name a few possible repercussions. In addition, sanctions
can include incarceration of up to 1 year in jail, a fine
of $500.00 to $1,000.00, 3 years probation, revocation of
drivers license for 1 year, revocation of registration for
1 year, a surcharge of $110.00, local court surcharges, victim
assistance fees, attendance at a victim impact panel and proof
of alcohol rehabilitation, and the defendant may not be eligible
for a conditional drivers license if the prior conviction
precedes the new arrest by five years. However, if the second
arrest is more than 10 years following the prior conviction
the driver may be treated as a first time offender.
Felony Driving While Intoxicated
If a driver faces a second arrest of §1192(2), (3) or
(4) within 10 years
following the prior conviction of driving while intoxicated,
but not driving
while ability impaired, the driver will face felony charges.
A Class E felony
conviction can affect future employment, the ability to vote,
the ability to carry a firearm, military service, insurance
and travel in and out of Canada just to name a few possible
repercussions. In addition, sanctions can include
incarceration of up to 4 years in a state prison, a fine of
$1,000.00 to $5,000.00, 5 years probation, revocation of drivers
license for 1 year, revocation of registration for 1 year,
a surcharge of $200.00, local court surcharges, victim assistance
fees, attendance at a victim impact panel and proof of alcohol
rehabilitation, and the defendant may not be eligible for
a conditional drivers license if the prior conviction precedes
the new arrest by five years. If a driver has been convicted
of §1192(2), (3) or (4) twice within 10 years, he faces
a class D felony, and the sanctions can include incarceration
of up to 7 years in a state prison, a fine of $2,000.00 to
$10,000.00, 5 years probation, revocation of drivers license
for 1 year, while the Department of Motor Vehicles will revoke
the license for 18 months, revocation of registration for
1 year, a surcharge of $200.00, local court surcharges, victim
assistance fees, attendance at a victim impact panel and proof
of alcohol rehabilitation, and the defendant will not be eligible
for a conditional drivers license.
Commercial Drivers
Commercial drivers, or drivers holding a CDL license, and
whether they are
driving a commercial vehicle are determined by specific national
standards. The affect of a §1192 conviction depends upon
the vehicle being used. A conference is necessary to ascertain
the possible sanctions that the driver faces.
|
|
