A Dui In New York Carries Harsh Penalties

The penalties for a DUI in New York have becomeundergo an alcohol assessment. Leandra’s Law
severe because the statistics show just howtakes effect if a passenger under the age of 16 was
dangerous drinking and driving can be. For instance, 1/3in your vehicle when you were arrested for dui, and
of all New York fatalities involve not only impairedyou will therefore be charged with a Class “E”
drivers, but impaired pedestrians too! The statistics alsofelony, be fined up to $5,000, and/or be jailed up to 4
show that, as a person’s blood alcoholyears.
concentration (BAC) level rises, so, too, do their rate ofThe 3rd drunk driving offense is a Class “D”
car accidents. Consider the facts that a driver with afelony that has a jail term of a minimum of 10 days up
.08 BAC is 4 times as likely to cause an accident, andto 7 years, or community service for 60 days, fines
a driver with a .16 BAC is 25 times as likely to causefrom $2,000 to $10,000, plus a mandatory surcharge, a
an accident when compared to sober drivers.license suspension for a minimum of 1 year, the
Therefore, in an effort to protect all drivers, New Yorkinstallation of an IID, and an alcohol assessment. And if
has implemented some very harsh dui fines and duithere was a passenger under 16 in your car, you will
penalties.be in violation of Leandra’s Law, and be charged
Your 1st drunk driving conviction brings a jail term of upwith a Class “E” felony, be fined up to $5,000,
to 1 year, fines from $500 to $1,000, plus a mandatoryand/or be jailed up to 4 years.
surcharge, and a 6-month minimum driver’s licenseLeandra’s Law also provides severe penalties for
suspension. In addition, alcohol screening and/or ana drunk driver who causes serious physical injury to
alcohol evaluation will be mandatory. Depending onsomeone under the age of 16, charging them with
your particular circumstances, you may be required toaggravated vehicular assault, and increasing the
install an ignition interlock device (IID) in your car, andpenalty to a Class “C” violent felony. If a drunk
you may need to undergo a driver responsibilitydriver causes the death of someone under the age of
assessment. And if there was a passenger under the16, they will be charged with aggravated vehicular
age of 16 in your vehicle at the time of your New Yorkhomicide, and the penalty increases to a Class
DUI, you will be in violation of Leandra’s Law, which“B” violent felony.
passed the New York State Senate on November 17,In addition to its harsh dui laws, New York has also
2009, and states you will be charged with a Classstrengthened its DUI enforcement and prosecution with
“E” felony, be fined up to $5,000, and/or be jailedits STOP-DWI Law. Under this law, all fines for a DUI in
up to 4 years.New York are returned to each of its counties in
A 2nd offense is a Class “E” felony dui thatwhich the DUI occurred, which in turn use that money
carries a jail term from a minimum of 5 days up to 4for additional police and equipment for DUI
years, or community service for 30 days, fines fromenforcement, more district attorneys for prosecution of
$1,000 to $5,000, plus a mandatory surcharge, a 1-yeardui cases, more judges to hear and adjudicate the
minimum license suspension, the mandatory installationcases, as well as public education to eliminate drinking
of an IID in your car (at your expense), and you mustand driving in the first place.