Dui Law In The State Of New York

by ECL Writer
New York DWI & DWAI Laws and Penalties

DUI (driving under the influence) laws in New York are governed by the state’s Vehicle and Traffic Law. In New York, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs, or with a blood alcohol content (BAC) of 0.08% or higher.

First-time DUI offenders in New York face the following penalties:

  • A fine of $500 to $1,000
  • Up to 1 year in jail
  • License suspension for at least 6 months
  • Installation of an ignition interlock device in the offender’s vehicle
  • Participation in a drinking-driver program

The penalties for subsequent DUI offenses within 10 years become increasingly severe, including higher fines, longer jail sentences, and longer license suspension periods. For example, a second DUI offense carries a minimum fine of $1,000 and a minimum jail sentence of 5 days, and a third or subsequent DUI offense carries a minimum fine of $2,000 and a minimum jail sentence of 10 days.

Additionally, New York has an “Aggravated DWI” law that applies to drivers with a BAC of 0.18% or higher. This is considered a more severe offense and carries harsher penalties, including a minimum fine of $1,000, a minimum jail sentence of 1 year, and a minimum license suspension period of 1 year.

In addition to these criminal penalties, a DUI conviction in New York can also result in increased car insurance rates and difficulty obtaining employment or rental housing.

It’s important to note that even if you take a plea bargain, you are still considered a convicted criminal, and the conviction will show on your criminal record. And if you’re arrested for a DUI in New York and refuse to take a breath test, you can lose your license for a full year.

It is also important to note that New York has an implied consent law, which means that when you are licensed to drive in New York, you are deemed to have consented to a chemical test of your blood, breath, urine, or saliva to determine your BAC if you are arrested for DUI. If you refuse to submit to such a test, your license will be immediately suspended for at least one year, and you may face additional penalties upon conviction for DUI.

In conclusion, DUI laws in New York are strict and the penalties for violations can be severe. It is important to understand the consequences of drinking and driving and to make alternative arrangements if you plan to consume alcohol. If you are facing a DUI charge, it is strongly recommended that you consult with a qualified DUI attorney to understand your legal options and defend your rights.

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