New York DUI Details
The first step in understanding various state driving violations is to
first understand how they specify these charges. When it comes to
driving under the influence of drugs or alcohol New York has several
distinct categories. In most states, DUI is driving under the
influence. New York uses the classification of DWI which is driving
while intoxicated or DWAI which is driving while ability is impaired.
Each of these offenses carries their own sets of fines and penalties.
Although a DWAI is often treated as a minor traffic infraction based on
the level of impairment of the driver, there can still be severe
consequences for repeat offenses and for driving with a minor.
New York DWI Penalties
In New York, you are considered to be driving while intoxicated if your
blood alcohol content (BAC) is .08 or higher. The tolerance for a
driver under the age of 21 is lowered to a BAC of .02. For commercial
vehicle drivers that level is .04. For a first time DWI conviction, you
are facing up to one year in jail, six months of having your license
suspended and a fine as high as $1,000. You will also have to be
subjected to an alcohol screening or evaluation. This first offense is
classified as a misdemeanor in New York.
A second DWI conviction bumps up to a Class E felony and carries a
possible jail time of anywhere from five days to up to four years.
You'll also have to perform 30 days of community service, pay a fine of
up to $5,000 and will have your license suspended for one year. You
will also be required to install an ignition interlock device that will
measure your BAC every time you want to start your car.
With a third DWI conviction, you'll be charged with a Class D felony
and could spend anywhere from ten days to seven years in prison. You'll
also be performing 60 days of community service and paying a possible
fine of up to $10,000. A second DWI conviction also comes with a one
year suspended license and the mandatory installation of an ignition
New York Leandra's Law
The New York legislature recently passed a new level of DWI conviction
penalties referred to as Leandra's Law. These specifically deal with
anyone who is convicted of a DWI but has the special circumstance of
driving with a minor under the age of 16 at the time of the offense.
For a first time offense under this law your will be charged with a
Class E felony and face a fine of up to $5,000 and possible jail time
of up to five years.
Additionally, under this law if you cause the death of a minor under
the age of 16 while driving under the influence, you will be charged
with aggravated vehicular manslaughter which is a Class B violent
New York DWI Implied Consent Law
New York drivers operate under an implied consent law. This means when
you were given a New York state driver's license you implied to be
subjected to any form of DWI testing when asked by a police officer. If
you refuse to comply to this testing you face an automatic license
suspension of up to one year and a fine of $750.