June 13, 2009
/24-7PressRelease/ -- DWI Penalties Continue to Increase in New York
Article provided by Silver, Forrester, Schisano & Lesser. Please visit our Web site at
http://www.hudsonvalleylawyers.com.
The cost of a DWI conviction keeps going up. First-time offenders may be surprised to learn they may have to pay up to $1000 in fines alone for their mistake -- and this doesn't even include court costs or attorney fees. First time offenders also may have their license revoked for a minimum of 6 months and be required to spend up to 1 year in jail. The fines and penalties increase for repeat offenders and drivers with blood alcohol content (BAC) over 0.18.
In addition to these penalties, those convicted of drunk driving charges also will have to pay a Driver Responsibility Assessment and face increases in their insurance costs. You will find information on each below.
New York Driver Responsibility Program
The Driver Responsibility Program requires drivers who have been convicted of certain traffic offenses to pay a fine (an "assessment") in addition to any other penalties, fines or expenses stemming from the original traffic violation. These traffic offenses include:
• Alcohol-related traffic violations
• Drug-related traffic violations
• Refusal to take a breathalyzer or other chemical test
Any driver convicted of one of these offenses on or after November 18, 2004 must pay the fine to the New York Department of Motor Vehicles. This includes out-of-state drivers and drivers who did not have a valid driver's license at the time of the violation. The fine has to be paid one time per year for a total of 3 years.
The amount each driver must pay varies.
• Alcohol-related traffic violation: $250 each year for a total of $750
• Drug-related traffic violation: $250 each year for a total of $750
• Refusal to take chemical test: $250 each year for a total of $750
Drivers who accumulate 6 or more points on their New York driving record within an 18 month period -- including violations that occurred in Quebec and Ontario, Canada -- also fall under the Program. If the driver accumulates 6 points on their driver's license, the annual fee is $100 for a total of $300 over the three-year-period. However, if the driver accumulates more than 6 points on his or her license during the 18 month period, the assessment is increased $25 per point. For example, if the driver had 8 points on their license for the required period, the driver would have to pay $150 each year for a total of $450.
Drivers may pay the total amount of the assessment in the first or second year, if they choose. Drivers who do not pay their assessment fees will have their driver license suspended.
Insurance Following a Drunk Driving Conviction
Insurance premium increases is another expense that many drivers do not consider after receiving a DWI. Even though New York does not require drivers who have been convicted of a DWI to carry SR-22 insurance (i.e. high risk insurance), this does not mean New York drivers with an alcohol or drug-related traffic conviction will not feel the pinch. And it's not just the cost of the driver's auto insurance that will increase -- his or her homeowner's insurance, umbrella policies and any disability insurance premiums also may increase.
Once a driver is convicted of a DWI, notice of the conviction is sent by the state to the driver's insurance company. In some cases, the insurance company may decide the risk to continue insuring the driver is too high and decline to renew the driver's policy at the end of the term. In other cases, the insurer will keep the driver, but will sharply increase his or her rates. The actual rate increase will depend on many factors, including which alcohol or drug-related offense the driver was convicted of, the number of convictions the driver has and the policies of the specific insurance company. In some cases, a DWI can be grounds for a temporary increase in insurance rates -- often as much as a 20 percent surcharge for several years.
Conclusion
The costs of drinking and driving are too high, even for a first-time offender who was barely above the legal limit. In addition to fines, penalties, court costs, lawyer fees, possible jail time, mandatory treatment programs and license suspension, drivers also must pay a driver responsibility assessment fine and can suffer under higher insurance rates. If you have charged with an alcohol or drug-related traffic offense, it's more important now than ever before to ensure you have an attorney experienced in DWI cases defending you.
Article provided by Silver, Forrester, Schisano & Lesser. Please visit our Web site at
http://www.hudsonvalleylawyers.com.
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com# # #
Read more Press Releases from PR Dept:
