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New York DUI Laws


New York DUI Laws impose strict penalties and fines for DWI offenses, more so when the crime committed is aggravated DWI.

Like any other state in the country, you can be tried in a court for DWI if you quality in any of the two circumstances:

One, if an arresting officer suspects you are intoxicated with alcohol and/or drugs because it shows on your impaired driving; and

Two, if the blood alcohol content in your system measures .008% or above. However, for minors under 21, the state imposes a stricter BAC limit of 0.02% or more. For commercial vehicle drivers, the state imposes a BAC limit of 0.04% or more.

Furthermore, any DWI case can be considered aggravated if the following factors are present during arrest: occurrence of physical injury, blood alcohol content is 0.15% or more, refusing to take the BAC test, or escaping the police or scene of the accident.

The state has an implied consent law where the arresting officer asks you to take a chemical test to determine the alcohol content in your system. New York DUI Laws are unique in that it permits all motorists a qualified right to consult with a DUI defense lawyer before deciding to take the exam or not.

An arrest will merit two cases against you: a criminal court case and the other is a Department of Motor Vehicle case. The latter is empowered to hand out the appropriate suspension time for your driver’s license.

If found guilty of DWI, the first offense is considered a misdemeanor, but the succeeding offenses will be considered a felony with higher punishments and sanctions. The following penalties, fines, and license suspensions apply:

1. First DWI conviction – jail time of up to 1 year, fines from $500 to $1,000, and a minimum license suspension of 6 months;
2. Second DWI conviction – class E felony; minimum jail time of 5 days up to 4 years or a 30-day community service, fines from $1,000 to $5,000, and a minimum license suspension of 1 year; and
3. Third DWI conviction – class D felony; minimum jail time of 10 days up to 10 years or a 60-day community service, fines from $2,000 to $10,000, and a minimum license suspension of 1 year.

During the arrest, if you have a passenger under 16 inside the vehicle this will be automatically classified as class E felony with penalties of up to $5,000 and/or up to 4 years jail time. Furthermore, the court imposes a mandatory alcohol screening and evaluation.