According to the New York State Department of Motor Vehicles accidents, convictions for moving violations, and the suspensions or the revocations of your driver license remain on your driver record for a different amount of time.
If you are convicted of both a DWAI and speeding than both will go on your New York driving record. A moving violation conviction, such as your speeding citation, or an accident normally remains on a NYS driver's motor vehicle record (MVR) during the year that the conviction or the accident occurred, and for the following three calendar years. The DMV uses the year when the conviction occurred, not the year when the violation occurred.
The DMV removes a moving violation conviction such as this or an accident from a driver's record on January 1 of the fourth year after the year of the conviction or the accident. For example, a conviction for your speeding ticket in 2009 would remain on your driving record until January 1, 2013.
The NYS DMV notes specifically that a conviction that is alcohol-related or drug-related (for example, DWI or DWAI) remains on a driver record for exactly 10 years. If a driver is convicted of the same violation during those 10 years, the driver can receive additional penalties.
There are other convictions and accidents of a serious type that can remain on a driver record for more than 10 years. Also a NY suspension or a revocation of a driver license that was not cleared or not terminated remains on a driver record indefinitely.
In New York there are several drug and alcohol related driving violations such as:
- DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
- Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.
- DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
- DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol
- DWAI/Combination: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol
According to the list on the New York State Department of Motor Vehicles site for a first DWI offense the penalties can include a mandatory fine of $500 to $1,000, a maximum jail term of 1 year and mandatory driver's license action of revoked driving privileges for at least six months. If you are able to reduce your DWI charge to a DWAI the penalties are less. For a DWAI the fine amount is between $300 and $500, a maximum jail term of 15 days and a mandatory driver's license suspension of 90 days.
If you receive your first conviction for DWI or DWAI and you participate in the Drinking Driver Program (DDP), you can receive a conditional license. The DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP.
In addition to paying any fines, fees, penalties and surcharges authorized by law, you may have to pay a "Driver Responsibility Assessment" for certain violations that result in a conviction or administrative finding. Your learner permit, driver license, or driving privileges will be suspended if you do not make these payments.
According to the NYS DMV if you are convicted of Driving While Intoxicated (DWI), or Driving While Ability Impaired (DWAI) or Driving While Ability Impaired by Drugs, or if you are found to have refused to submit to a chemical test, you will be required to pay a driver responsibility assessment of $250 each year for the next three years.
If you are convicted of either a DUI or DWAI and the speeding offense they will go on your driving record and remain for the periods we noted above. Points are assigned for speeding in NY and range from 3 to 11 points depending upon how many miles per hour (MPH) you are convicted of going above the posted limit.
In NYS there is a Point and Insurance Reduction Program (PIRP).If you complete an approved PIRP course you may be eligible to reduce as many as four (4) points on your driving record. The DMV computer will automatically note your eligibility to receive the reduction.
The NYS DMV notes that completion of a PIRP course does not remove, delete, subtract, or erase any violation, conviction, or notice of original number of points from your driving record. Even after you complete the course, most violations, conviction and points assessed will continue to show on your driving record for up to four years. Violations and convictions involving drugs or alcohol will remain on your driving record for ten years. "Point reduction" means the DMV will not count up to four points on your driving record toward license revocation or suspension.
Another benefit of the PIRP course is if you are the principal operator of a motor vehicle, you will receive a minimum 10% reduction in the base rate of your automobile and motorcycle Liability and Collision insurance premiums each year for three years
Speaking of insurance, a policy can only be canceled in mid-term (after 60 days on a new policy) for a few specific reasons in New York but one reason is the suspension or revocation of a driver's license of the named insured or any other person who customarily operates an automobile insured under the policy (not including administrative suspensions). So if your driver's license is suspended for the DWI or DWAI then your insurance company could cancel your policy. If they will drop you will be determined by your insurance carrier's underwriting guidelines.
Even if your insurance is not cancelled it will go up by a decent amount due to the serious offense of a DWI or DWAI being on your NYS driving record. You can shop around for New York car insurance prices here with us.
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