RESOURCES
NEW YORK STATE SENTENCING CHART
| |
No Priors |
Non Violent Predicate |
Violent Predicate |
| B Violent Felony |
Lowest: 5 years in prison
Highest: 25 years in prison |
Lowest: 8 years in prison
Highest: 25 years in prison
|
Lowest: 10 years in prison
Highest: 25 years in prison
|
| B Non Violent Felony |
Lowest: 1 - 3 years prison
Highest: 81/3- 25 years prison |
Lowest: 4 1/2 - 9 years prison
Highest: 12 1/2 - 25 years |
Lowest: 4 1/2 - 9 years prison
Highest: 12 1/2 - 25 years
|
| C Violent Felony |
Lowest: 3 1/2 years in prison
Highest: 15 years in prison |
Lowest: 5 years in prison
Highest: 15 years in prison |
Lowest: 7 years in prison
Highest: 15 years in prison |
| C Non Violent Felony |
Lowest: No Jail (Probation possible)
Highest: 5 - 15 years in prison |
Lowest: 3 - 6 years in prison
Highest: 7 1/2 - 15 years in prison
|
Lowest: 3 - 6 years in prison
Highest: 7 1/2 - 15 years in prison
|
| D Violent Felony |
Lowest: 2 years in prison
Highest: 7 years in prison |
Lowest: 3 years in prison
Highest: 7 years in prison |
Lowest: 5 years in prison
Highest: 7 years in prison |
| D Non Violent Felony |
Lowest: No Jail (Probation possible)
Highest: 2 1/3 - 7 years in prison |
Lowest: 2 - 4 years in prison
Highest: 3 1/2 - 7 years in prison |
Lowest: 2 - 4 years in prison
Highest: 3 1/2 - 7 years in prison
|
| E Violent Felony |
Lowest: 1 1/2 years in prison
Highest: 4 years in prison |
Lowest: 2 years in prison
Highest: 4 years in prison |
Lowest: 3 years in prison
Highest: 4 years in prison |
| E Non Violent Felony |
Lowest: No Jail
Highest: 1 1/3 - 4 years in prison |
Lowest: 1 1/2 - 3 years in prison
Highest: 2 - 4 years in prison |
Lowest: 1 1/2 - 3 years in prison
Highest: 2 - 4 years in prison |
| A Misdemeanor |
Lowest: No Jail
Highest: 1 year in jail |
Lowest: No Jail
Highest: 1 year in jail |
Lowest: No Jail
Highest: 1 year in jail |
| B Misdemeanor |
Lowest: No Jail
Highest: 90 days in jail |
Lowest: No Jail
Highest: 90 days in jail |
Lowest: No Jail
Highest: 90 days in jail |
| Violation |
Lowest: No Jail
Highest: 15 days in jail |
Lowest: No Jail
Highest: 15 days in jail |
Lowest: No Jail
Highest: 15 days in jail |
Advisory
This chart does not cover every possibility and is not presented as a substitute for legal advice from a qualified criminal defense attorney. It is meant to be current as of 2001.
DWI EXPLAINED
After you have been charged with a violation related to alcohol or other drugs, it is important for you to retain representation. You may represent yourself in court, but it is not recommended as this kind of violation is complicated. You could find yourself in jail very quickly if you are unsure of what you are doing. The following are the drug and alcohol related violations in New York State:
· DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication
· DWAI: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
· DWAI / Drugs: Driving While Ability Impaired (by a drug that is not alcohol). .
· Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.
· Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge will have their driver license revoked for one year and must pay a $750 civil penalty to apply for a new driver license
BAC CHART
Estimated Blood Alcohol Concentration After One Hour
Number of Drinks |
Body Weight (Pounds) |
Will it affect your driving? |
| |
100 |
120 |
140 |
160 |
180 |
200 |
220 |
240 |
|
1 |
.04 |
.03 |
.03 |
.02 |
.02 |
.02 |
.02 |
.02 |
Maybe [1] |
2 |
.06 |
.06 |
.05 |
.05 |
.04 |
.04 |
.03 |
.03 |
3 |
.11 |
.09 |
.08 |
.07 |
.06 |
.06 |
.05 |
.05 |
Under the Influence |
4 |
.15 |
.12 |
.11 |
.09 |
.08 |
.08 |
.07 |
.06 |
5 |
.19 |
.16 |
.13 |
.12 |
.11 |
.09 |
.09 |
.08 |
Legally Intoxicated |
6 |
.23 |
.19 |
.16 |
.14 |
.13 |
.11 |
.10 |
.09 |
7 |
.26 |
.22 |
.19 |
.16 |
.15 |
.13 |
.12 |
.11 |
8 |
.30 |
.25 |
.21 |
.19 |
.17 |
.15 |
.14 |
.13 |
9 |
.34 |
.28 |
.24 |
.21 |
.19 |
.17 |
.15 |
.14 |
10 |
.38 |
.31 |
.27 |
.23 |
.21 |
.19 |
.17 |
.16 |
A good Rule of thumb is that one drink is metabolized to the point of elimination from the blood stream each hour. Therefore, typically, if you have one drink, waiting one hour before driving is a good idea. Other factors influence and can increase or decrease one's BAC such as fatigue, having eaten, and the type of drink it is, so the best way to avoid a DWI is to avoid driving after drinking anything at all.
LAW LINKS
Internet Law Library: http://www.lawguru.com/ilawlib/42.htm
Bail Bonds: www.bailyes.com/NewYorkbaillaws.htm
New York State Unified Court System Website
http://www.courts.state.ny.us/home.htm
New York State Department of Correctional Services Website
http://www.docs.state.ny.us/
U.S. Department of Justice Federal Bureau of Prisons
http://www.bop.gov
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