NEW YORK DWI

Blood Alcohol Level (BAC) for Driving While Intoxicated (DWI) in New York:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Commercial Drivers: .04% or above
• High BAC: .18% or above

Implied Consent and Chemical Test Refusal: By driving in New York, you agree to allow an officer to take a chemical test to determine your BAC level by urine, blood, or breath if the police officer suspects that you have been driving under the influence of alcohol. Refusing to take the test will result in the revocation of your driver's license for at least one year. In addition, you will be fined $500 the first time you refuse and $750 the second time you refuse. Defending yourself against DWI charges in New York is often complicated and difficult. To ensure the best possible defense, you should contact a New York DWI lawyer.

New York DWI Arrest - Civil Case Potential Penalties:

• License Suspension:
  • First DWI Conviction: Minimum of 6 months. You must also complete alcohol screening and enroll in a Drinking and Driving Education program.
  • Second DWI Conviction: Minimum of 1 year.
• Monetary Fines:
  • First DWI Conviction: Between $500-$1,000. You must also pay a surcharge. But, if you have a child under 16 in the car, there is a fine up to $5,000.
  • Second DWI Conviction: Between $1,000 and $5,000.
• Community Service: You may complete 30 days of community service in lieu of jail time. Generally, you will be required to perform at least 5 days of community service.
• Probation: Yes, probation is possible depending on the circumstances and the judge. If you are sentenced to probation for your misdemeanor DWI, the probation period lasts from between 1 and 3 years.
• Motor Vehicle Impoundment: Yes.
• Ignition Interlock: Yes, a court may order the installation of an ignition interlock device.
• Prison Time:
  • First DWI: Maximum of 1 year. If you have a child under 16 in your vehicle, you may have to serve up to 4 years in jail.
  • Second DWI: From a minimum of 5 days to 4 years.

New York DWI Arrest - Criminal Charges DWIs can result in serious criminal charges in New York. As a result, it is advisable to contact a New York DWI attorney to help you defend yourself in court. Potential Criminal Consequences: Your first and second DWIs will be misdemeanors in New York, unless there was bodily injury involved or there was a child under 16 in the car, in which case your DWI is classified as a Class E felony.

Reinstating Your License After New York DWI Conviction: The driver's license reinstatement requirements vary depending on your offense in New York. You will have to pay a fine of between $25 and $100. New York does not require you to file an SR 22 Certificate of Insurance with the New York DMV before you can have your license reinstated.

Effect of New York DWI on Car Insurance: If you are convicted of a DWI in New York, your insurance premiums will greatly increase, and your insurance provider may drop your coverage.

Effect of New York DWI on Driving Record: A New York DWI stays on your driving record for ten years.

Under 21 and New York DWI: You are in violation New York's Zero Tolerance Law if you are underage (under 21), have a BAC of .02% or higher, and are operating a motor vehicle. If you are in violation of the law, your license will be suspended for 6 months. In addition, you must pay a $125 penalty and a $100 termination of suspension fee. You should speak with a New York criminal defense attorney.

New York DUI Resources

New York Department of Motor Vehicles

http://www.nydmv.state.ny.us/

New York Zero Tolerance Law

http://www.nysgtsc.state.ny.us/zero-tol.htm