Those who get convicted under dui charges attract certain New York drunk driving penalties. Even refusal to take the chemical test when stopped under the suspicion of drunk driving is also treated as a serious offence and results in additional mandatory penalties. As per the Implied Consent Law applicable in the state of New York, the refusal will result in the suspension of your driving license for at least a period of twelve months. Besides that, for the first time refusal, you will also have to pay an additional mandatory fine of $500; for the second time refusal, the fine is $750.
First Dui Conviction In New York
The first dui conviction in this state attracts the following New York drunk driving penalties.
- The court will make it mandatory for you to attend an alcohol evaluation and/or screening program
- You will also have to pay the compulsory surcharge as ordered by the court
- Your driving license will be suspended for at least a period of six months. However, you may be given an option to apply for a restricted license, but in order to qualify for the same, you will have to fulfill certain basic requirements; for example, you may have to take a Driver Responsibility Assessment, and besides that, ignition interlock device in all your vehicles will also be required.
- The minimum monetary fine is $500; the maximum is $1000
- You are also very much likely to be sent to jail for a maximum period of twelve months
Second Dui Conviction In New York
This time, you will face harsher New York drunk driving penalties because a second time conviction is treated as a class E felony.
- You will have to face the suspension of the license for a minimum period of twelve months. However, you may still have an option to obtain an ignition interlock restricted license.
- The minimum monetary fine is $1000; the maximum is $5000
- You will also have to participate in a specific court-ordered community service program for at least thirty days.
- Besides that, at least five days of jail term is also mandatory. Depending upon the severity of the offence, you may be sent to jail for up to four years.
Third Dui Conviction In New York
When you get convicted for a third time, you are charged with class D felony. You must be ready for the following New York drunk driving penalties.
- You will be liable to pay the mandatory surcharge
- You will also have to complete an alcohol assessment program as ordered by the court
- Minimum twelve months of license suspension
- Minimum monetary fine is $2000; maximum is $10000
- Two months of community service
- The jail imprisonment period can be as long as seven years; minimum ten days of jail term is mandatory.
Additional Compulsory Penalties If An Under-16 Child Also In Vehicle
The following additional New York drunk driving penalties are mandatory when you get convicted under dui charges where you were driving the vehicle while there was a child under sixteen years of age also sitting among other passengers. The offence is treated as a class E felony.
- A maximum of four years into jail imprisonment and/or
- Up to five thousand dollars of monetary fine