Here in New York, moving violations result in points against your driving record. This is the state’s way of monitoring offenses and punishing drivers for violations. The number of points you earn for each violation is dependent on the severity and nature of the violation. Once a driver reaches 11 points in an 18-month time period, they will be penalized in fees, higher insurance rates, and, ultimately, a potential suspension of their driver’s license.
In the case of a DWI, however, the state of New York does not apply points against your driver’s license. The penalties from a DWI conviction are far more serious than points against your license. While it takes an accumulation of points over a period of time to get a license suspended due to moving violations, a DWI conviction can lead to an immediate suspension or revocation of your license in addition to a criminal record. Any moving violations charged at the time of the DWI will earn points in addition to these penalties. Consequently, if you have been charged with a DWI in New York, it is critical to get the help of a skilled New York DWI attorney to assist in your case as soon as possible.
What Are the Penalties of a DWI in New York?
Here in New York, there are severe penalties for a DWI conviction. These penalties are not only to punish those who choose to drink and drive but also to set serious examples for others. And for each subsequent offense conviction, penalties become more severe.
- In New York, a first offense DWI conviction can result in fines of $500 to $1,000, up to a year in jail, and a minimum license suspension of 6 months
- A second DWI conviction (within 10 years) can result in fines of $500 to $1,000, up to four years in jail and a minimum license suspension of one year.
- A third DWI conviction (within 10 years) can result in fines of $2,000 to $10,000, up to seven years in jail, and a minimum license suspension of one year.
- An Aggravated DWI can result in fines of $1,000 to $2,500, up to one year in jail, and license revocation of at least one year. Subsequent aggravated DWI convictions lead to more severe consequences.
While being charged with a DWI in New York is serious, there are defenses available to you if you have the right legal counsel. Rather than face a criminal court alone, you want to have an experienced New York DWI lawyer in your corner.
Driver Violation Point System
If you are convicted of a traffic offense, you will be given points on your New York driver’s license. The nature and severity of the violation will determine the number of points.
One example is that going no faster than 10 miles per hour is only three points. While going more than 40 miles per hour is eleven points. The majority of violations fall within the range of three to five points.
If you accumulate 11 points during 18 months, based on the violation date and not the conviction date, you could face suspension of your license and possibly fines. To avoid suspension, however, you may be able to take the Point and Insurance Reduction Program course.
Driver Responsibility Assessment
Drivers with six or more points on their records, convictions for alcohol or drugged driving-related crimes, or refusal to submit to chemical tests will have to pay a driver liability assessment each year. The type of offense will impact the amount.
Drivers with 6 points earned in 18 months or less will be subject to $100 per annum for three years. A driver who earns more points over the 18-month period will have to pay $25 extra each year in fines for each point.
Drivers convicted in alcohol or drugged driving-related cases or who refuse a chemical test will have to pay $250 per year for three years.
Getting Skilled Professional Help After a DWI Charge in New York
In order to prove a case of DWI in New York, the prosecution must prove two important elements: that the defendant was 1) operating a motor vehicle and 2) while operating that motor vehicle, he or she was intoxicated. Although this may seem simple enough to prove, it is not always so clear-cut. And this is when an experienced criminal defense lawyer comes in.
Being charged with a DWI is not the same as being convicted of the crime. Depending on the situation and circumstances, you may have several possible defenses. Even if a conviction is unavoidable, with a good criminal defense lawyer there are many ways of mitigating penalties or negotiating for a reduction in charges.
A DWI can stay on your record for many years and can have serious long-term consequences. If you have been charged with a DWI or DWAI in New York, contact an experienced DWI defense attorney at the Law Offices of Jason Bassett. Call us at (631) 259-6060 or contact us online for a no-cost consultation.