NY Traffic Points and Penalties
Refusing to Submit to Breath Test
Every person operating a motor vehicle which has been
- involved in an accident or which is
- operated in violation of any of the provisions of the VTL
shall, at the request of a police officer, submit to a breath test to be administered by the police officer.
It is a traffic infraction for any person to violate any of the provisions of the VTL … unless such violation is by the VTL or other law of New York declared to be a misdemeanor or felony.
Every person convicted of a traffic infraction for a violation of any of the provisions of the VTL … for which another penalty is not provided shall for a
- first conviction thereof be punished by a fine of not more than $150 or by imprisonment for not more than 15 days or by both such fine and imprisonment; for a conviction of a
- second violation, both of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $300 or by imprisonment for not more than 45 days or by both such fine and imprisonment; upon a conviction of a
- third or subsequent violation, all of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $450 or by imprisonment for not more than 90 days 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 or an administrative tribunal of New York result in a conviction for an offense … or for a traffic infraction under the VTL, … there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of $28.
(1) In addition to any fines, fees, penalties and surcharges authorized by law, … any person found to have refused a chemical test in accordance with § 1194 not arising out of the same incident as a conviction for a violation of any of the provisions 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.
All traffic violations shall be assigned a point value of two points, except as otherwise prescribed in § 15 NYCRR 131.3(b).
Last verified: 2018-03-31