Increases penalties for driving while ability impaired for a person having been convicted of driving under the influence of drugs or alcohol within the preceding five years to a misdemeanor which is punishable by a fine of not less than $750.00 nor more than $1000.00 or by imprisonment of not more than 90 days; increases penalties for driving while ability impaired for a person having been convicted two or more times of driving under the influence of drugs or alcohol within the preceding 10 years to a misdemeanor which is punishable by a fine of not less than $1000.00 nor more than $2000.00 or imprisonment of not more than 180 days.
STATE OF NEW YORK
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70
2017-2018 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2017
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the penal-
ties for operating a motor vehicle while under the influence of alco-
hol or drugs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 1193 of the vehi-
2 cle and traffic law, as amended by chapter 75 of the laws of 1994, is
3 amended to read as follows:
4 (a) Driving while ability impaired. A violation of subdivision one of
5 section eleven hundred ninety-two of this article shall be a traffic
6 infraction and shall be punishable by a fine of not less than three
7 hundred dollars nor more than five hundred dollars or by imprisonment in
8 a penitentiary or county jail for not more than fifteen days, or by both
9 such fine and imprisonment. A person who operates a vehicle in violation
10 of such subdivision after having been convicted of a violation of any
11 subdivision of section eleven hundred ninety-two of this article within
12 the preceding five years shall be guilty of a misdemeanor, and shall be
13 punished by a fine of not less than [five] seven hundred fifty dollars
14 nor more than [seven hundred fifty] one thousand dollars, or by impri-
15 sonment of not more than [thirty] ninety days in a penitentiary or coun-
16 ty jail or by both such fine and imprisonment. A person who operates a
17 vehicle in violation of such subdivision after having been convicted two
18 or more times of a violation of any subdivision of section eleven
19 hundred ninety-two of this article within the preceding ten years shall
20 be guilty of a misdemeanor, and shall be punished by a fine of not less
21 than [seven hundred fifty] one thousand dollars nor more than [fifteen
22 hundred] two thousand dollars, or by imprisonment of not more than one
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02030-01-7
A. 70 2
1 hundred eighty days in a penitentiary or county jail or by both such
2 fine and imprisonment.
3 § 2. This act shall take effect on the first of November next succeed-
4 ing the date on which it shall have become a law.
