NY Traffic Points and Penalties

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§ 1192(2-a)(b) >

§ 1192(2-a)(a)

Agg. DWI - Aggravated Driving While Intoxicated (Per Se)

§ 1192(2-a)(a)

No person shall operate a motor vehicle while such person has .18% 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 § 1194.

(1)(b)(i) * * *

A violation of § 1192(2-a)(a) shall be a misdemeanor and shall be punishable by a fine of $1,000 to $2,500 or by imprisonment in a penitentiary or county jail for not more than one year, or by both such fine and imprisonment.

(1)(b)(ii) In addition to the imposition of any fine or period of imprisonment set forth in § 1193(1)(b), the court shall also sentence such person convicted of, or adjudicated a youthful offender for, a violation of § 1192(2), (2-a), or (3) to a term of probation or conditional discharge, as a condition of which it shall order such person to install and maintain, in accordance with the provisions of § 1198, an ignition interlock device in any motor vehicle owned or operated by such person during the term of such probation or conditional discharge imposed for such violation of § 1192 and in no event for a period of less than twelve months[.]

(1)(c)(i) A person who operates a vehicle

(A) in violation of § 1192(2), (2-a), (3), (4), or (4-a) after having been convicted of a violation of

  • § 1192(2), (2-a), (3), (4), or (4-a) or of
  • vehicular assault in the second or first degree, as defined, respectively, in § 120.03 and 120.04 and aggravated vehicular assault as defined in § 120.04-a of the penal law or of
  • vehicular manslaughter in the second or first degree, as defined, respectively, in § 125.12 and 125.13 and aggravated vehicular homicide as defined in § 125.14 of such law,

within the preceding 10 years

shall be guilty of a class E felony, and shall be punished by a fine of $1,000 to $5,000 or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment.

(1)(c)(ii) A person who operates a vehicle in violation of § 1192(2), (2-a), (3), (4), or (4-a) after having been convicted of a violation of

  • § 1192(2), (2-a), (3), (4), or (4-a) or of
  • vehicular assault in the second or first degree, as defined, respectively, in § 120.03 and 120.04 and aggravated vehicular assault as defined in § 120.04-a of the penal law or of
  • vehicular manslaughter in the second or first degree, as defined, respectively, in § 125.12 and 125.13 and aggravated vehicular homicide as defined in § 125.14 of such law,

twice within the preceding 10 years, shall be guilty of a class D felony, and shall be punished by a fine of $2,000 to $10,000 or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment.

(1)(c)(ii-a) A person who operates a vehicle in violation of § 1192(2), (2-a), (3), (4), or (4-a) after having been convicted of a violation of

  • § 1192(2), (2-a), (3), (4), or (4-a) or of
  • vehicular assault in the second or first degree, as defined, respectively, in § 120.03 and 120.04 and aggravated vehicular assault as defined in § 120.04-a of the penal law or of
  • vehicular manslaughter in the second or first degree, as defined, respectively, in § 125.12 and 125.13 and aggravated vehicular homicide as defined in § 125.14 of such law,

three or more times within the preceding 15 years, shall be guilty of a class D felony, and shall be punished by a fine of $2,000 to $10,000 or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment.

(1)(c)(iii) In addition to the imposition of any fine or period of imprisonment set forth in § 1193(1)(c), the court shall also sentence such person convicted of, or adjudicated a youthful offender for, a violation of § 1192(2), (2-a), or (3) to a period of probation or conditional discharge, as a condition of which it shall order such person to install and maintain, in accordance with the provisions of § 1198, an ignition interlock device in any motor vehicle owned or operated by such person during the term of such probation or conditional discharge imposed for such violation of § 1192 and in no event for a period of less than 12 months[.]

(1)(f) Where the court imposes a sentence for a violation of § 1192, the court may require the defendant, as a part of or as a condition of such sentence, to attend a single session conducted by a victims impact program.

* * *

(1)(b) Whenever proceedings in an administrative tribunal or a court of New York result in a conviction for a misdemeanor or felony pursuant to § 1192, there shall be levied, in addition to any sentence required or permitted by law, a crime victim assistance fee in the amount of $25 and a mandatory surcharge in accordance with the following schedule:

(i) a person convicted of a felony shall pay a mandatory surcharge of $300.

(ii) a person convicted of a misdemeanor shall pay a mandatory surcharge of $175.

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

(2) One year where the holder is convicted of a violation of § 1192(2-a).

(3) Eighteen months, where the holder is convicted of a violation of § 1192(2-a) committed within 10 years of a conviction for a violation of § 1192(2), (2-a), (3), (4), or (4-a)[.]

Last verified: 2018-03-31