During your New York City trip, there might be an occasion that requires you driving a car. What is you have had a few beers before this? Can you still drive?
If you are visiting New York City from another state, you may not know the laws and DUI limits for NY state and NYC.
Here is your guide.
Driving Under Influence (DUI) – A Background
Driving Under Influence DUI Limits in NY State and New York City
Drunk driving is a criminal offense, which means that anyone charged with DUI will not be dealt by the traffic court.
Instead, they will be arrested and will have to face a criminal law judge in court.
If you are facing a New York DWI arrest or conviction, you must consider several issues.
Prosecution Scenarios
First of all, you should know the scenarios which can have you prosecuted for DUI in New York.
Driving While Intoxicated (DWI)
Drivers with a Blood Alcohol Content (BAC) of 0.08% or more will be charged with drunk driving. For commercial vehicle operators, the allowed BAC limit is 0.04%
Driving While Ability Impaired (DWAI)
Even if a driver has a Blood Alcohol Level below 0.08% but between 0.05% and 0.07% and shows signs of impairment, he or she will be convicted of a DWAI.
However, in such cases, the prosecution must show that the driver was impaired by alcohol, such as by their physical appearance and field sobriety test.
Driving While Ability Impaired by a drug other than alcohol (DWAI/drug)
If you have not been drinking but still show signs of impairment after taking any other drug like cocaine, heroin, marijuana or any other controlled substance that affects your driving ability, then you will be charged with DWAI.
Refusal to submit to Chemical Testing
Your refusal to get tested – such as a breath, blood or urine test can result in the revocation of your driver’s license along with a $350 civil penalty.
Underage drunk driving
The state of New York has a Zero Tolerance Law for underage drunk driving which means it is illegal for anyone under 21 to drive with a BAC of 0.02% and above.
Charged with drunk driving – What should you do?
Defending the Charge of Drunk Driving
If you have been unfortunate enough to be charged with DWI or drunk driving in New York or New York City, you must get in touch with an NY DWI attorney.
You also need to be aware of the penalties you will be facing if you end up getting charged with Drunk Driving in New York.
If you are not serious about defending the DWI charge, you can end up facing jail time, heavy fines, license revocation and a permanent criminal mark on your record.
The penalties for first, second and third DWI offenses are listed below.
First NY DUI Offense
- Fine ranging from $500 to $1,000 in case of BAC between 0.08% and 0.179% and $1,000 to $2,500 if BAC is 0.18% or more
- Jail sentence of up to 1 year
- License Suspension of a minimum of 6 months which extends to a minimum of 1 year if BAC is 0.18% or more
- Mandatory Alcohol Screening and/or Alcohol Evaluation
- Installation of an Ignition Interlock device for a minimum of 6 months
Second NY DUI Offense
- Fine ranging from $1,000 to $5,000
- Jail sentence of minimum of 5 days up to 4 years
- Community Service of 30 days
- License Suspension of a minimum of 1 year
- Mandatory Alcohol Assessment and treatment
- Installation of an Ignition Interlock device for a minimum of 6 months
DUI Field Sobriety Test
Third NY DUI Offense
A third Drunk driving conviction is considered a Class “D” felony. It has the following penalties:
- Fine ranging from $2,000 to $10,000
- Jail sentence of minimum of 10 days up to 7 years
- Community Service of 60 days
- License Suspension of a minimum of 1 year
- Mandatory Alcohol Assessment and treatment as required
- Installation of an Ignition Interlock device for a minimum of 6 months
Other points to note regarding DUI in New York
- DWI cases with a passenger under the age of 16 years in the vehicle are defined as Class “E” felonies and have even serious consequences.
- If you are a resident of NY, you should also know that New York is a state with a ten-year ‘washout period’ – also known as a ‘look back period’ which is the length of time when another drunk driving offense is considered a second or third offense.
- To avoid a DWI conviction becoming a DWI charge, get in touch with a DWI attorney in New York immediately. A DUI lawyer will protect your rights and with gather information pertaining to your DUI charge to help defend you in court.
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