NY Traffic Points and Penalties

< § 1192(4)

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§ 1192(4-a)

DWAI (Combined) - Driving While Ability Impaired - Drugs, Alcohol

§ 1192(4-a)

No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.

(1)(b)(i) A violation of § 1192(2), (3), (4), or (4-a) shall be a misdemeanor and shall be punishable by a fine of $500 to $1,000, or by imprisonment in a penitentiary or county jail for not more than one year, or by both such fine and imprisonment.

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(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)(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.

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(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) Six months, where the holder is convicted of a violation of § 1192(2), (3), (4), or (4-a).

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

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

Last verified: 2018-03-31