NY Traffic Points and Penalties

< § 1180(f)

Index

§ 1192(2) >

§ 1192(1)

DWAI - Driving While Ability Impaired

§ 1192(1)

No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol.

A violation of § 1192(1) shall be a traffic infraction and shall be punishable by a fine of $300 to $500 or by imprisonment in a penitentiary or county jail for not more than 15 days, or by both such fine and imprisonment.

A person who operates a vehicle in violation of § 1192(1) after having been convicted of a violation of any subdivision of § 1192 within the preceding five years shall be punished by a fine of $500 to $750, or by imprisonment of not more than 30 days in a penitentiary or county jail or by both such fine and imprisonment.

A person who operates a vehicle in violation of § 1192(1) after having been convicted two or more times of a violation of any subdivision of § 1192 within the preceding 10 years shall be guilty of a misdemeanor, and shall be punished by a fine of $750 to $1,500, or by imprisonment of not more than 180 days in a penitentiary or county jail or by both such fine and imprisonment.

(1)(c) Whenever proceedings in an administrative tribunal or a court of New York result in a conviction for an offense or a traffic infraction under the VTL, there shall be levied a crime victim assistance fee in the amount of $5 and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of $55.

(9) Notwithstanding the provisions of § 1809(1), in the event a proceeding is in a town or village court, the court shall add an additional $5 to the surcharges imposed by § 1809(1).

Notwithstanding any other provision of law, whenever proceedings in a court of New York result in a conviction pursuant to § 1192, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of $25.

Notwithstanding any other provision of law, whenever proceedings in a court of New York result in a conviction pursuant to § 1192, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of $170.

(1) In addition to any fines, fees, penalties and surcharges authorized by law, any person convicted of a violation of any subdivision of § 1192 shall become liable to the department for payment of a driver responsibility assessment as provided in § 1199.

(2) The amount of the driver responsibility assessment under § 1199 shall be $250 per year for a three-year period.

(4) If a person shall fail to pay any driver responsibility assessment as provided in § 1199, the commissioner shall suspend such person's driver's license or privilege of obtaining a license.

Such suspension shall remain in effect until any and all outstanding driver responsibility assessments have been paid in full.

The following violations shall not be assigned any point value:

(iii) any violation, other than a violation set forth in 15 NYCRR 131.3(b)(1) through (6), for which suspension or revocation action is mandated upon conviction[.]

(a) Except as otherwise provided in § 1193(2), a license shall be suspended and a registration may be suspended for the following periods:

(1) Ninety days, where the holder is convicted of a violation of § 1192(1)[.]

(b) A license shall be revoked and a registration may be revoked for the following minimum periods:

(1) Six months, where the holder is convicted of a violation of § 1192(1) committed within five years of a conviction for a violation of any subdivision of § 1192.

(1-a) Six months, where the holder is convicted of a violation of § 1192(1) committed within 10 years of two previous convictions for a violation of any subdivision of § 1192.

Last verified: 2018-03-31