Currently, New York judges in DWI cases have the discretion to impose the sentence they feel is most appropriate, given the circumstances of the offense. Sometimes, this involves jail time. Often though, it does not.

This may soon change. Last week, the state Senate passed a bill that would require mandatory jail sentences for repeat New York DWI offenders.

Currently, repeat DWI can be punished by between four to seven years in jail. However, judges may elect to impose sentences of fines, community service and/or probation instead.

The legislation, sponsored by Sen. Charles J. Fuschillo, Jr. (R-Merrick), would do away with much of this discretion and would instead impose mandatory minimum jail sentences for all repeat DWI offenses. If the bill becomes law, DWI sentencing would adhere to the following structure:

  • Two DWI offenses in a ten-year period would bring a 30-day mandatory minimum sentence, and an overall penalty of up to four years in jail and a fine ranging from $1,000 to $5,000.
  • Three or more offenses in a ten-year period would increase the mandatory minimum sentence to 90 days. The overall penalty could be up to seven years in jail and a fine ranging from $2,000 to $10,000.
  • Aggravated DWI crimes - those where the driver had a blood alcohol content over 0.18 or had a child in the car - would carry increased penalties. Two or more in a ten-year period would result in a mandatory minimum sentence of 180 days in jail, and an overall penalty of up to four years in jail and a fine ranging from $1,000 to $5,000.
  • Three or more aggravated DWI offenses in a ten-year period would bring a mandatory minimum sentence of one year in jail. The overall penalty could be up to seven years in jail and a fine ranging from $2,000 to $10,000.

The legislation has been forwarded to the state Assembly for consideration.

Source: NewsLI.com, "Mandatory Jail Time for Repeat DWI Offenders," Feb. 6, 2012