Drunk Driving Laws New York
Driving Under the Influence(DUI) or Driving While Intoxicated(DWI) are both considered to be the criminal offense in the State of New York. First time offender will be detained with minor charges. Repeated offense within 5 years of the first misdeed then the charges might be escalated. Third offense for DWI within 10 years of the first crime will definitely lead to harsher punishment and penalties for the offender. So, hire an experienced legal expert in case you are detained under drunk drive laws in the State of New York.
Penalties for New York DWI
The State of New York has set different laws for DWAI and DUI. DWAI occurs when you're driving your experiences visionary and sensory damaged by alcohol consumption, but the alcohol content in your blood level is below .08 percent. DUI occurs when the alcohol content in your blood is above or equal to .08 percent.
In the State of New York, DWAI is a minor criminal offense compared to DUI and includes minimized penalties. But you cannot completely defy the jail term and penalties
- a) The penance for first-time offenders in DWAI in the State of New York consists of:
- Cash penalty of $300 - $500
- Imprisonment for two weeks
- Revocation of driver's license up to 3 months
- b) A second time DWAI offense includes penalties:
- Penalty ranging between $500 - $750
- Imprisonment up to 1 month
- Revocation of driver's license up to 6 months
- c) Third offense within 10 years of DWAI offense includes severe punishment and penalties:
- Penalty ranging from $750 to $1,500
- Jail term up to 180 days
- Revocation of driver's license up to 12 months
The Penalties for DUI in New York
In case your blood-alcohol level is equal to or greater than .08 percent but less than .18 percent, you will be charged with:
- a) First time offender for DUI includes the following penalties:
- A fine ranging between $500 to $1,000
- Imprisonment for 12 months
- License revocation for 6 months
- b) Second time DUI conviction within 10 years of your first offense is considered to be Class E misdemeanor. You might need to bear the brunt of strict penalties and punishment which include:
- Cash penalty between $1,000 to $5,000
- Four years imprisonment which includes community services ranging from 1 week to 1 month.
- Driver's license revocation for 12 months
- Fitting of Ignition interlock equipment
- C) If you commit an offense of DUI in the State of New York for the third time within five years of a first offense, you will be held guilty of committing a class D felony and may face the following penalties:
- Fines ranging from $2,000 to $10,000
- Up to seven years in jail with a minimum of 10 days or 60 days of community service
- One-year driver's license revocation minimum with the possibility of permanent revocation
- Installation of an ignition interlock device.
DUI Penalties for Aggravated DUI in New York
In the State of New York, if you are held guilty of driving with an alcohol level in your blood above 0.18 then, you will be detained under the case of aggravated DUI. The penalties in Aggravated DUI and non-aggravated DUI are the same. In fact, driver's license revocations could vary in the above-mentioned cases
The first time offenders of aggravated DUI offenses in New York will face license revocation for a period of 12 months. For a second and third offense, you are likely to face license revocation for 18 months. In case of third offense taking place within a span of 10 years of committing your other two felonies, you are probably going to lose driving license permanently.
A well-experienced attorney dealing in DWI can help you to discuss the pros and cons of your case and let you know required defenses available to you.