New York Criminal Lawyer Blog
New York to Have Toughest DWI / DUI Law on the Books? Leandra’s Law Target’s Driving While Intoxicated with Passengers under 15
Under the New York Penal Law, operating a motor vehicle while under the influence of alcohol or drugs. 1. Driving while ability impaired. No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol. 2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article. 2-a. Aggravated driving while intoxicated. (a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article. (b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle. (Leandra’s Law) 3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.
According to reports, “Leandra’s Law” is coming closer to reality. The New York State Assembly agreed on their version of the bill that will raise Driving While Intoxicated / DWI (1192.2 and 1192.3) to a felony offense in the event that a child under the age of 15 is a passenger in the vehicle. It is not clear if the felony will be applicable on DWI / DUI crimes involving drug use or merely alcohol. Both the New York State Senate and the Assembly have to agree on their respective bills before Governor Patterson signs the bill into law. We will keep our readers informed.
Penalties for DWI First Offense:
DWI is a misdemeanor, conviction of which will result in a lifetime criminal record. If you are convicted of DWI as a first offense, you face the following potential consequences:
• A fine of between $500 and $1,000, up to 1 year in jail, or both;
• A period of probation of 3 years;
• Revocation of your driver’s license for at least 6 months;
• Discretionary revocation of your registration for at least 6 months;
• A surcharge of $395 ($400 if the case is in either a Town or a Village Court);
• A driver responsibility assessment of $250 a year for 3 years;
• A requirement that you attend a Victim Impact Panel and a requirement that you install and maintain a functioning ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.
• You may be eligible for the Drinking Driver Program and a conditional license.
Penalties for DWI Second Offense
If you are charged with DWI within 10 years of having been convicted of either DWI, Aggravated DWI, DWAI Drugs, or DWAI Combined Influence, you can be charged with felony DWI. Nonetheless, if you are allowed to plead to misdemeanor DWI, you face the following potential consequences:
• A fine of between $500 and $1,000, up to 1 year in jail, or both; A period of probation of 3 years;
• Revocation of your driver’s license for at least 1 year (at least 18 months where the prior conviction was for Aggravated DWI). According to the new DMV regulations, you will be denied full licensing until the expiration of the minimum revocation period. See the section titled, Important Recent Changes to New York’s DWI Laws, below;
• In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before it will ever relicense you;
• Discretionary revocation of your registration for at least 1 year;
• A surcharge of $395 ($400 if the case is in either a Town or a Village Court);
• A driver responsibility assessment of $250 a year for 3 years;
• A requirement that you attend a Victim Impact Panel and a requirement that you install and maintain a functioning ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.
If you are convicted of misdemeanor DWI after having been convicted of misdemeanor DWI within the past 5 years, you are subject to the following additional mandatory penalties:
• 5 days in jail or 30 days of community service;
• You must install an ignition interlock device in each motor vehicle you own or operate during the license revocation period and upon the termination of such revocation period, for an additional period as determined by the Court; and you must receive an alcohol or substance abuse assessment, which may result in the imposition of treatment as a condition of a sentence of probation or conditional discharge.
Police in most states occasionally set up DUI checkpoints (also called sobriety checkpoints or roadside safety checks) to check for drunk or otherwise impaired motorists. Typically, police set up these checkpoints along busy highways during holidays that are notorious for alcohol abuse, such as 4th of July and Memorial Day. Checkpoints usually consist of roadblocks along intersections, where officers stop random vehicles at regular intervals (such as every tenth driver) and check for signs of intoxication.
If you are involved in a DWI or DUI case, you will need the legal representation of a New York DWI Attorney and New York Order of Protection Attorney at Stephen Bilkis and Associates.