New York Drunk Driving Laws

New York drunk driving laws are some of the toughest in the nation. In addition to specifying a number of behaviors that warrant an arrest for driving while impaired (DWI), state law imposes a multitude of penalties for drivers who are convicted of the offense. From a hefty fine to a lengthy license suspension and possible jail time, these sentencing guidelines grant little leniency to DUI offenders—so it’s more important than ever for drivers to familiarize themselves with the laws in their area.

From a legal standpoint, the definition of DWI relies on blood alcohol content, or BAC. Commonly referred to as the blood-to-alcohol ratio, BAC is a scientific calculation that is used to determine the percentage of alcohol found in a person’s bloodstream. To calculate BAC, a driver must perform a breathalyzer or submit a blood or urine sample for the purpose of chemical testing.

Under state law, all drivers are required to comply with any officer who asks him or her to perform a chemical test. As a result, if you refuse the test, you can expect to be arrested and charged with DWI—and, depending on the circumstances, you may face the same or even harsher penalties than a driver who failed the test.

If a driver “fails” a chemical test, it means the person’s test results indicate that he or she has an illegal BAC. In New York, it is against the law for anyone to operate a vehicle with a BAC of 0.08% or higher. In addition, state law also prohibits underage motorists from driving with a BAC of 0.02% or higher, while commercial vehicle operators are subjected to a lower 0.04% BAC limit.

The penalties for a DWI conviction include a minimum 6-month license suspension, $500 to $1,000 fine, and up to a one-year jail sentence—and that’s for your first offense. If you have been convicted of drunk driving in the past, a second DWI will be classified as a Class E felony, and carry a mandatory jail sentence, one-year license suspension, and up to $5,000 in fines.

A third conviction, meanwhile, is treated even more severely. As a Class D felony, the penalties for a third DWI include 60 days of community service, a maximum $10,000 fine, minimum one-year license suspension, and up to seven-year jail sentence. As a convicted felon, you will also lose many personal freedoms, including your right to vote, obtain a passport, and purchase a firearm. Also, keep in mind that even if it’s your first DWI, your offense may be treated as a felony if you had a passenger under 16 in your vehicle at the time of your arrest.

Despite the many consequences of a DWI conviction, there is hope. In many cases, you may be able to challenge your arrest and reduce or avoid many of the penalties listed above. To learn how to fight your charges, simply complete our online form today and an experienced DWI defense attorney in your area will contact you to schedule a free, no-obligation evaluation of your case.