DUI & DWI Penalties
DUI/DWI Penalties
When someone is arrested and convicted of DUI in New York, there are legal consequences that come into play. These DUI/DWI penalties have become more severe in nature in recent years due to the public policy demand of increasing efforts to minimize the incidents of DUI/DWI, and below is a breakdown of those DUI/DWI penalties in New York.
DUI/DWI Penalties in New York
Below is the statutory language that speaks to the nature of the penalties for DUI/DWI in New York:
ยง 1193. Sanctions.
- Criminal penalties.
- Driving while ability impaired. A violation of subdivision one of section eleven hundred ninety-two of this article shall be a traffic infraction and shall be punishable by a fine of not less than three hundred dollars nor more than five hundred dollars or by imprisonment in a penitentiary or county jail for not more than fifteen days, or by both such fine and imprisonment.
A person who operates a vehicle in violation of such subdivision after having been convicted of a violation of any subdivision of section eleven hundred ninety-two of this article within the preceding five years shall be punished by a fine of not less than five hundred dollars nor more than seven hundred fifty dollars, or by imprisonment of not more than thirty days in a penitentiary or county jail or by both such fine and imprisonment.
A person who operates a vehicle in violation of such subdivision after having been convicted two or more times of a violation of any subdivision of section eleven hundred ninety-two of this article within the preceding ten years shall be guilty of a misdemeanor, and shall be punished by a fine of not less than seven hundred fifty dollars nor more than fifteen hundred dollars, or by imprisonment of not more than one hundred eighty days in a penitentiary or county jail or by both such fine and imprisonment.
Other DUI/DWI Penalties in New York
As you see, criminal penalties in New York depend on the circumstances that surround your case, including any conviction history for DUI/DWI in New York or anywhere else. However, the additional sanctions mentioned above are not the only potential problems a conviction may bring. If a person has been previously convicted of vehicular manslaughter and is arrested for DUI/DWI in New York, he or she could face a felony conviction and prison time if the defendant is convicted of the subsequent charge.
None of this takes into account the increased costs associated with higher insurance rates and the potential to have to pay for an ignition lock device, which is also a remedy available to the courts if someone has been convicted of repeated DUI violations. If you’d like a full explanation of the DUI/DWI penalties in New York you could face, contact the Blanch Law Firm today to schedule an initial consultation.