DWI/DUI - Drunk Driving Laws And Attorneys In New York
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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NEW YORK DRIVING UNDER THE INFLUENCE (DWI) LAW
In New York State, you may be arrested for any of these offenses: driving
while intoxicated (DWI), driving with a blood alcohol content of .08
percent or more (.08 BAC), driving while ability impaired by a drug (DWAI-
drug), or driving while ability impaired by alcohol (DWAI).
Blood alcohol content (BAC) is the percentage of alcohol in your blood
and is usually determined by a chemical test of breath, blood or urine. A
BAC of more than .05 percent is legal evidence that you are impaired,
and a BAC of .08 percent or higher is evidence of intoxication.
In New York State, an alcohol or drug related driving arrest cannot be
reduced to a different type of violation unless the district attorney
determines there is not enough evidence to support the charge of
impaired or intoxicated operation. Therefore, an alcohol or drug-related
arrest is hardly ever so-called "plea bargained" to a charge such as
speeding or reckless driving.
If you are found guilty of any alcohol or drug-related driving violation, the
court must revoke or suspend your license at the time you are
sentenced. Even if the court allows you a 20 day continuation of driving
privilege, your license itself will be taken immediately.
Implied Consent Law
Under New York's "Implied Consent" law, by driving a car in this state
you are considered to have already given your consent to take such a
test.
Chemical test refusal is a separate issue from whether or not you were
guilty of an alcohol or drug-related violation. If you refuse to take the test
after being arrested, your license will be suspended when you are
arraigned in court on the alcohol or drug-related charge. Also, the fact
that you refused a chemical test may be introduced in court when you
are tried on the alcohol or drug-related charge. If a DMV hearing later
confirms you did refuse the test, your license will be revoked even if you
are found not guilty of the alcohol or drug-related violation. Below are
the fees associated with the refusal of a BAC test.
a) Chemical Test Refusal Revocation: $300 Civil Penalty
b) Chemical Test Refusal with prior refusal or Alcohol-Related Violation
in previous 5 years: $750 Civil Penalty
PENALTIES FOR ALCOHOL / DRUG RELATED VIOLATIONS
Note: Conviction fine only, does not include mandatory surcharge or
crime victims assistance fee.
The Department of Motor Vehicles determines when your license can be
returned. Its return or reinstatement based on state law or regulation, is
not automatic. You must reapply for your license and may have to pass
a test.
Mandatory Screening - If you are charged with or convicted of certain
alcohol-related offenses, the courts will order alcohol screening and/or
alcohol evaluation, prior to sentencing.
AGGRAVATED DRIVING WHILE INTOXICATED ( A-DWI ) .18 and higher
Blood Alcohol Content BAC
1st Offense - Misdemeanor
a) Fine: Minimum $1,000, Maximum $2,500
b) Jail: Up to 1 Year
c) License Suspension: Minimum 1 year revocation
2nd Offense Within 5 Years - Class E Felony
a) Fine: Minimum $1,000, Maximum $5,000
b) Jail: Up to 4 Years; minimum 5 days jail or 30 days of community
service
c) License Suspension: Minimum 18 month revocation
3rd Offense Within 10 Years - Class D Felony
a) Fine: Minimum $2,000, Maximum $10,000
b) Jail: Up to 7 Years; minimum 10 days jail or 60 days of community
service
c) License Suspension: Minimum 18 month revocation
DRIVING WHILE INTOXICATED ( DWI) .08 and higher Blood Alcohol
Content ( BAC ) or other evidence of intoxication:
First Offense ( DWI ) - Misdemeanor
a) Fine: Minimum $500, Maximum $1,000
b) Jail: Up to 1 year
c) License Suspension: Minimum 6 month revocation
Second Offense ( DWI ) Within 5 Years - Class E Felony
a) Fine: Minimum $1,000, Maximum $5,000
b) Jail: Up to 4 years; minimum 5 days jail or 30 days of community
service
c) License Suspension: Minimum 1 year revocation, plus ignition
interlock and alcohol assessment
Second Offense ( DWI ) Within 10 Years - Class E Felony
a) Fine: Minimum $1,000, Maximum $5,000
b) Jail: Up to 4 years
c) License Suspension: Minimum 1 year revocation
Third Offense Or More ( DWI ) Within 5 Years - Class D Felony
a) Fine: Minimum $2,000, Maximum $10,000
b) Jail: Up to 7 years; minimum 10 days jail or 60 days of community
service
c) License Suspension: Minimum 1 year revocation, plus ignition
interlock and alcohol assessment
Third Offense Or More ( DWI ) Within 10 Years - Class D Felony
a) Fine: Minimum $2,000, Maximum $10,000
b) Jail: Up to 7 years
c) License Suspension: Minimum 1 Year Revocation
DRIVING WHILE ABILITY IMPAIRED ( DWAI ) more than .05 up to .07
Blood Alcohol Content ( BAC ) :
1st Offense (Traffic Infraction) -
a) Fine: Minimum $300, Maximum $500
b) Jail: Up to 15 days
c) License Suspension: 90 day suspension
2nd Offense Within 5 Years (Traffic Infraction) -
a) Fine: Minimum $500, Maximum $750
b) Jail: Up to 30 days
c) License Suspension: Minimum 6 month revocation
3rd Offense Or More Within 10 years (Misdemeanor) -
a) Fine: Minimum $750, Maximum $1,000
b) Jail: Up to 180 Days
c) Suspension: Minimum 6 month revocation, if violation occurred within
5 years of prior violation
Zero Tolerance for Drivers Under 21
The legal purchase and possession age for alcoholic beverages in New
York State is 21. Under the state's Zero Tolerance law, it is a violation for
a person under age 21 to drive with any measurable BAC (.02 to .07).
After a finding of violation is determined at a DMV hearing, the driver's
license will be suspended for six months. The driver will then have to
pay a $100 suspension termination fee and a $125 civil penalty to be re-
licensed. For a second Zero Tolerance violation, the driver's license will
be revoked for at least one year or until the driver reaches age 21,
whichever is longer.
ZERO TOLERANCE - Drivers Under 21 DMV administrative finding of .
02 to .07 Blood Alcohol Content ( BAC ) :
First Offense
a) Civil Penalty: Minimum $125
b) Added Fee: $100 suspension termination fee
c) License Suspension: 6 month suspension
Second Offense
a) Civil Penalty: Minimum $125
b) Added Fee: $100 re-application fee
c) License Suspension: 1 year revocation or until age 21, whichever is
longer
Ignition Interlock
A judge can order an ignition interlock device as a condition of a
probation period when a person is sentenced for an alcohol-related
conviction. For any repeat offense within five years, a judge is required to
order the system to be installed on each vehicle registered to the
motorist during both the revocation period and any probation period that
follows. The judge also must order an alcohol assessment for the
repeat offender. If the assessment indicates the need for alcohol
treatment, the judge can order completion of the treatment as a
condition of probation.
Commercial Drivers
Compared to other drivers, every driver holding, a Commercial Driver
License (Class A, B, or C) is held to stricter Blood Alcohol Content (BAC)
standards, and faces tougher penalties, while operating a vehicle that
requires a CDL license. A single conviction for DWI, DWAI, or having a .
04 percent or higher BAC requires a minimum 1-year revocation of the
driver's license (3-years, if driving a vehicle that requires hazardous
materials placards). A second conviction within the driver's lifetime
results in permanent revocation, with a possible waiver after 10 years. A
third conviction results in a permanent revocation without any possibility
of ever getting it back.
Driving Under Suspension In New York
It is a criminal violation to drive while your license is suspended or
revoked in New York, and there are mandatory fines from $200 to
$5,000. You also may face mandatory imprisonment or probation, and
seizure and possible forfeiture of the vehicle being driven. More severe
penalties apply to drivers who are caught driving while intoxicated or
impaired by alcohol or drugs while their licenses or privileges are
already under suspension or revocation for a previous alcohol or drug-
related incident, and to drivers caught driving with 10 or more
suspensions for failure to answer traffic tickets or pay fines. In addition,
drivers with 20 or more suspensions for failure to answer tickets or pay
fines face a criminal charge, even if not driving when caught.
Learn More about Driving Under Suspension In New York
Conditional License Privileges
If you are convicted of an alcohol or drug related driving violation, your
license or privilege to drive in New York State will be revoked or
suspended. However, you maybe eligible for a conditional license or a
conditional driving privilege if you participate in New York State's
Drinking Driver Program (DDP).
If you qualify for a conditional license or conditional driving privilege, you
will be allowed to legally drive within certain limitations. A conditional
license is not valid for driving a vehicle that requires the operator to hold
a commercial (CDL) driver license.
Find DWI/DUI Lawyers And Attorneys In New York
In New York State, you may be arrested for any of these offenses: driving
while intoxicated (DWI), driving with a blood alcohol content of .08
percent or more (.08 BAC), driving while ability impaired by a drug (DWAI-
drug), or driving while ability impaired by alcohol (DWAI).
Blood alcohol content (BAC) is the percentage of alcohol in your blood
and is usually determined by a chemical test of breath, blood or urine. A
BAC of more than .05 percent is legal evidence that you are impaired,
and a BAC of .08 percent or higher is evidence of intoxication.
In New York State, an alcohol or drug related driving arrest cannot be
reduced to a different type of violation unless the district attorney
determines there is not enough evidence to support the charge of
impaired or intoxicated operation. Therefore, an alcohol or drug-related
arrest is hardly ever so-called "plea bargained" to a charge such as
speeding or reckless driving.
If you are found guilty of any alcohol or drug-related driving violation, the
court must revoke or suspend your license at the time you are
sentenced. Even if the court allows you a 20 day continuation of driving
privilege, your license itself will be taken immediately.
Implied Consent Law
Under New York's "Implied Consent" law, by driving a car in this state
you are considered to have already given your consent to take such a
test.
Chemical test refusal is a separate issue from whether or not you were
guilty of an alcohol or drug-related violation. If you refuse to take the test
after being arrested, your license will be suspended when you are
arraigned in court on the alcohol or drug-related charge. Also, the fact
that you refused a chemical test may be introduced in court when you
are tried on the alcohol or drug-related charge. If a DMV hearing later
confirms you did refuse the test, your license will be revoked even if you
are found not guilty of the alcohol or drug-related violation. Below are
the fees associated with the refusal of a BAC test.
a) Chemical Test Refusal Revocation: $300 Civil Penalty
b) Chemical Test Refusal with prior refusal or Alcohol-Related Violation
in previous 5 years: $750 Civil Penalty
PENALTIES FOR ALCOHOL / DRUG RELATED VIOLATIONS
Note: Conviction fine only, does not include mandatory surcharge or
crime victims assistance fee.
The Department of Motor Vehicles determines when your license can be
returned. Its return or reinstatement based on state law or regulation, is
not automatic. You must reapply for your license and may have to pass
a test.
Mandatory Screening - If you are charged with or convicted of certain
alcohol-related offenses, the courts will order alcohol screening and/or
alcohol evaluation, prior to sentencing.
AGGRAVATED DRIVING WHILE INTOXICATED ( A-DWI ) .18 and higher
Blood Alcohol Content BAC
1st Offense - Misdemeanor
a) Fine: Minimum $1,000, Maximum $2,500
b) Jail: Up to 1 Year
c) License Suspension: Minimum 1 year revocation
2nd Offense Within 5 Years - Class E Felony
a) Fine: Minimum $1,000, Maximum $5,000
b) Jail: Up to 4 Years; minimum 5 days jail or 30 days of community
service
c) License Suspension: Minimum 18 month revocation
3rd Offense Within 10 Years - Class D Felony
a) Fine: Minimum $2,000, Maximum $10,000
b) Jail: Up to 7 Years; minimum 10 days jail or 60 days of community
service
c) License Suspension: Minimum 18 month revocation
DRIVING WHILE INTOXICATED ( DWI) .08 and higher Blood Alcohol
Content ( BAC ) or other evidence of intoxication:
First Offense ( DWI ) - Misdemeanor
a) Fine: Minimum $500, Maximum $1,000
b) Jail: Up to 1 year
c) License Suspension: Minimum 6 month revocation
Second Offense ( DWI ) Within 5 Years - Class E Felony
a) Fine: Minimum $1,000, Maximum $5,000
b) Jail: Up to 4 years; minimum 5 days jail or 30 days of community
service
c) License Suspension: Minimum 1 year revocation, plus ignition
interlock and alcohol assessment
Second Offense ( DWI ) Within 10 Years - Class E Felony
a) Fine: Minimum $1,000, Maximum $5,000
b) Jail: Up to 4 years
c) License Suspension: Minimum 1 year revocation
Third Offense Or More ( DWI ) Within 5 Years - Class D Felony
a) Fine: Minimum $2,000, Maximum $10,000
b) Jail: Up to 7 years; minimum 10 days jail or 60 days of community
service
c) License Suspension: Minimum 1 year revocation, plus ignition
interlock and alcohol assessment
Third Offense Or More ( DWI ) Within 10 Years - Class D Felony
a) Fine: Minimum $2,000, Maximum $10,000
b) Jail: Up to 7 years
c) License Suspension: Minimum 1 Year Revocation
DRIVING WHILE ABILITY IMPAIRED ( DWAI ) more than .05 up to .07
Blood Alcohol Content ( BAC ) :
1st Offense (Traffic Infraction) -
a) Fine: Minimum $300, Maximum $500
b) Jail: Up to 15 days
c) License Suspension: 90 day suspension
2nd Offense Within 5 Years (Traffic Infraction) -
a) Fine: Minimum $500, Maximum $750
b) Jail: Up to 30 days
c) License Suspension: Minimum 6 month revocation
3rd Offense Or More Within 10 years (Misdemeanor) -
a) Fine: Minimum $750, Maximum $1,000
b) Jail: Up to 180 Days
c) Suspension: Minimum 6 month revocation, if violation occurred within
5 years of prior violation
Zero Tolerance for Drivers Under 21
The legal purchase and possession age for alcoholic beverages in New
York State is 21. Under the state's Zero Tolerance law, it is a violation for
a person under age 21 to drive with any measurable BAC (.02 to .07).
After a finding of violation is determined at a DMV hearing, the driver's
license will be suspended for six months. The driver will then have to
pay a $100 suspension termination fee and a $125 civil penalty to be re-
licensed. For a second Zero Tolerance violation, the driver's license will
be revoked for at least one year or until the driver reaches age 21,
whichever is longer.
ZERO TOLERANCE - Drivers Under 21 DMV administrative finding of .
02 to .07 Blood Alcohol Content ( BAC ) :
First Offense
a) Civil Penalty: Minimum $125
b) Added Fee: $100 suspension termination fee
c) License Suspension: 6 month suspension
Second Offense
a) Civil Penalty: Minimum $125
b) Added Fee: $100 re-application fee
c) License Suspension: 1 year revocation or until age 21, whichever is
longer
Ignition Interlock
A judge can order an ignition interlock device as a condition of a
probation period when a person is sentenced for an alcohol-related
conviction. For any repeat offense within five years, a judge is required to
order the system to be installed on each vehicle registered to the
motorist during both the revocation period and any probation period that
follows. The judge also must order an alcohol assessment for the
repeat offender. If the assessment indicates the need for alcohol
treatment, the judge can order completion of the treatment as a
condition of probation.
Commercial Drivers
Compared to other drivers, every driver holding, a Commercial Driver
License (Class A, B, or C) is held to stricter Blood Alcohol Content (BAC)
standards, and faces tougher penalties, while operating a vehicle that
requires a CDL license. A single conviction for DWI, DWAI, or having a .
04 percent or higher BAC requires a minimum 1-year revocation of the
driver's license (3-years, if driving a vehicle that requires hazardous
materials placards). A second conviction within the driver's lifetime
results in permanent revocation, with a possible waiver after 10 years. A
third conviction results in a permanent revocation without any possibility
of ever getting it back.
Driving Under Suspension In New York
It is a criminal violation to drive while your license is suspended or
revoked in New York, and there are mandatory fines from $200 to
$5,000. You also may face mandatory imprisonment or probation, and
seizure and possible forfeiture of the vehicle being driven. More severe
penalties apply to drivers who are caught driving while intoxicated or
impaired by alcohol or drugs while their licenses or privileges are
already under suspension or revocation for a previous alcohol or drug-
related incident, and to drivers caught driving with 10 or more
suspensions for failure to answer traffic tickets or pay fines. In addition,
drivers with 20 or more suspensions for failure to answer tickets or pay
fines face a criminal charge, even if not driving when caught.
Learn More about Driving Under Suspension In New York
Conditional License Privileges
If you are convicted of an alcohol or drug related driving violation, your
license or privilege to drive in New York State will be revoked or
suspended. However, you maybe eligible for a conditional license or a
conditional driving privilege if you participate in New York State's
Drinking Driver Program (DDP).
If you qualify for a conditional license or conditional driving privilege, you
will be allowed to legally drive within certain limitations. A conditional
license is not valid for driving a vehicle that requires the operator to hold
a commercial (CDL) driver license.
Find DWI/DUI Lawyers And Attorneys In New York
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