New York DWI Laws

Facing a driving while intoxicated (DWI) charge in New York can be a scary experience. If you are like most people, being arrested for drunk driving is your first brush with the law. During this time, you need an experienced defense attorney to explain New York DWI laws and aggressively fight the charges against you.

The legal blood alcohol content (BAC) limit for drivers over the age of 21 in New York is .08%. If your breath, blood, or urine test results show that you are over this limit, you may be charged with DWI, even if your driving was not affected by alcohol.

Depending on the factors involved in your case, drunk driving may be charged as a misdemeanor or felony offense. Habitual offenders and drivers with a BAC of .18% or higher may face increased penalties.

A first DWI conviction is classified as a misdemeanor offense. The penalties may include a maximum one-year jail sentence, $500 to $1,000 in fines, and the loss of driving privileges for at least six months.

For a first conviction with a BAC of .18% or higher (aggravated DWI), you may face a maximum of one year in jail, at least $1,000 in fines, and the loss of driving privileges for at least one year. You may also be order to install an ignition interlock device in your vehicles.

A second conviction within ten years will result in a felony charge. You may be sentenced to a maximum four-year jail sentence, $1,000 to $5,000 in fines, and the loss of driving privileges for at least one year.

For a third DWI conviction within ten years, you may be sentenced to a maximum of seven years in jail, $2,000 to $10,000 in fines, and the loss of driving privileges for at least one year.

Did you know that if you refuse to take a breath test when pulled over on suspicion of drunk driving, you may be penalized? If this is your first test refusal, you may be sentenced to the loss of driving privileges for at least one year and a $500 penalty. If this is your second refusal within five years, you may be sentenced to the loss of driving privileges for at least 18 months and a $750 penalty.

As you can see, New York DWI laws are tough. If you are facing drunk-driving charges and are interested in working with an experienced DWI attorney in your area, fill out our online contact form today.