Driving While Intoxicated with Property Damage

duiDriving while intoxicated or impaired with drugs/alcohol holds a number of serious legal punishments that will be forced on the driver facing a DUI arrest. To be charged with drunken driving the subject must have a blood alcohol concentration level higher than 0.08% and the penalties imposed depend on the circumstances; we can speak of a $ 500, $2,000 or a $10,000 fine, a jail probability sentence that could reach 7 years of incarceration, a 6 months license suspension to a permanent license cancellation; it all depends on the number of times a person has been convicted of DUI, the level of blood alcohol and many additional conditions and injuries that might occur. In some cases, the driver will cause the death of another person which will be considered as manslaughter and face aggravated charges, if he injured another person he will face a vehicle assault in the second or first degree depending on details, and if he damage someone else’s properties he will be facing a felony and be subject of harsh sentences as well.

Property Damage Definition

Property damage while driving under the influence is when the accident includes damage to someone else’s property such as an automobile, a fence, a tree, a home, or any other possession.  In this case a driver will face both criminal and civil charges for drunken driving meaning that he has to pay for any damage caused by his intoxication. Every year, impaired drivers cost the U.S. taxpayers more than $49 billion dollars in DWI property damage. That is the main reason behind the aggravate punishments behind a similar charge.

Penalties of a DUI with Property Damage

First NY DUI:

  • Jail – Up to 1 Year
  • Monetary Fine up to $1,000
  • License Suspension of at least 6 months

Second NY DUI:

  • Class E felony charge
  • Jail – From 5 Days (Minimum) to 4 Years or a 30 days community service
  • Monetary fine up to $5,000
  • License Suspension – 1 Year Minimum
  • Class D felony charge
  • Jail – From 10 Days (Minimum) to 7 Years or 2 months community service
  • Monetary fine up to $20,000
  • License Suspension – 1 Year Minimum

Third NY DUI:

  • Class D felony charge
  • Jail – From 10 Days (Minimum) to 7 Years or 2 months community service
  • Monetary fine up to $20,000
  • License Suspension – 1 Year Minimum

Besides the mentioned penalties that will be imposed on the driver depending on many conditions and circumstances that will be legally revised, he will be obligated to fix the damaged property on his own charge.

Source:
http://dui.drivinglaws.org/newyork.php
http://www.tampafloridadui.com/dui-with-property-damage.html

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