New York DUI State Law

If you have been charged with a violation of New York DUI laws, it is critical to speak with an attorney as soon as possible. A qualified New York DUI lawyer can help you to get the charges dropped, or reduced, and significantly make the process faster and easier.

New York Blood Alcohol Concentration Laws

Under New York DUI laws, you can be charged with DUI in one of two ways.

• You fail traditional sobriety tests, have an erratic driving pattern or otherwise show signs of a lack of necessary physical and mental skill to operate a vehicle.
• You fail a chemical test (blood, urine or breath)

The BAC level in New York is .08 percent. If your blood alcohol level is over .18, you will be charged with enhanced penalties. A high BAC will result in a FELONY charge, which is punishable by up to a $5000 fine, jail time of up to 4 years, and five years on probation following jail terms. License revocation is also allowable.

Implied Consent

Under New York DUI laws, those who operate a vehicle in the state are agreeing to implied consent laws. A police officer has the right to request a chemical test to determine if you are under the influence. If you refuse this test, your license will be suspended for up to 1 year and you will be charged with a fine up to $750. However, DUI laws also allow for you to contact a New York DUI lawyer to request consultation on whether or not to take the test. The police DO NOT have to wait for an attorney to be present to administer the test.

1st Offense of New York DUI Laws

The first offense of New York DUI laws will result in the following penalties:

• Charged with a misdemeanor
• Fined between $500 and $1000
• Up to 1 year in jail
• Driver's license suspension for at least 6 months
• You will need to pay a mandatory conviction surcharged, determined by court fees
• Alcohol screening and evaluation is required

2nd Offense of New York DUI Laws

Under New York DUI Laws, a look back period of 10 years is in place. This means a second conviction of DUI within 10 years will warrant second offense penalties.

• Class E Felony Charge
• A minimum fine of $1000, up to $5000
• A minimum jail sentence of 10 days, up to 7 years
• 60 hours of community service
• Driver's license revocation for 1 year plus use of ignition interlock device after suspension

3rd Offense of New York DUI Laws

A third offense within a 10-year period will warrant the following DUI penalties:

• Class D Felony charge
• Fined a minimum of $2000, up to $10,000
• Minimum of 10 days in change, up to 7 years
• 60 days of community service required
• Minimum of 1 year revocation of driver's license

Hire a New York DUI Lawyer

New York DUI laws are harsh. If you are facing DUI charges, or have been arrested, contact a New York DUI lawyer right away. They can help you to get charges dropped or reduced. They may also provide you with advice on whether or not to take a chemical test. Contact an attorney as soon as possible to avoid making the wrong decisions.

• If you have been charged with a DUI in New York, Submit Your Case for a Free Review from a skilled DUI Attorney.

Contact New York Drunk Driving Attorneys

Contact our Attorneys to get more information about Drunk Driving in New York: