by John Wiliams

Created on: June 03, 2011   Last Updated: July 09, 2011

New York DUI Penalties Explained

The penalties for drinking and driving are severe and act as a strong deterrent for those presented with the choice of drinking and driving. Drunk driving affects innocent people more than the individual that is actually behind the wheel. Nearly one-third of automotive fatalities in New York involved an intoxicated driver and a pedestrian. The economic and societal factors of drunk driving are vastly outweighed by the personal consequences and possible loss of life.

These stringent standards make the involvement of a defense attorney skilled in DUI cases a necessity. An accusation of drunk driving is a criminal offense. Instead of traffic court, the accused will instead be arrested and brought before a criminal law judge. The following crimes are prosecuted by the state of New York:

*DWI: Driving While Intoxicated - A driver with a blood alcohol content (BAC) of 0.08% or higher, or whose demeanor,  physical appearance and  failure to adequately perform certain performance test demonstrates that they are intoxicated.

*DWAI: Driving While Ability Impaired (Alcohol) - This crime covers individuals that fall between the 0.02% and 0.07% BAC level or who show evidence of impairment.

*DWAI-Drugs: Driving While Ability Impaired - Alcohol is not the only substance that can impair motor skills and reaction. This area covers non-alcoholic substances.

*Chemical Test Refusal: The Implied Consent Law requires that all motorists are required to submit to a BAC test via blood, urine, or breath if a police officer should ask it. Refusing to do so will result in a suspended license.

*Zero Tolerance Law: Anyone under the age of 21 may not drive with a BAC above 0.02%

The first infraction is generally meant to serve as a wake up call and instill fear into the individual about losing their freedom and the additional fines that come with it.

*First Offense (Misdemeanor) - Sentence of up to one year in jail, a minimum 6-month license revocation, and a $500 to $1000 fine.

*Second Offense within 10 years (Felony) - Sentence of up to four years in jail, a minimum of a one year, revocation of your driver’s license, and a $1000 to $5000 fine.

*Third Offense within 10 years (Felony) - Sentence of a maximum of seven years in jail, a minimum of a one year, revocation of your driver’s license, and a $2000 to $10,000 fine.

These offenses do not take into account additional charges that may be stem from the incident. If there is a crash and people are injured or killed then those charges will be added on top of the DWI charges and penalties.

It is never a good idea to drive while impaired. The numbers show it is a poor case scenario. The cost of cab-fare or gas money for a Designated Driver is a pittance against what one stands to lose from driving under the influence.

If DUI charges are filed, a defense attorney can provide the guidance needed to get through the legal process as painlessly as possibly. Involve a skilled defense attorney as early in the process as possible.

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