DUI Reference Guide

New York DWI Laws

New York DWI Laws

Getting caught driving under the influence in New York can be costly in more ways than one.  Driving while under the influence of alcohol is dangerous to the driver, passengers and anyone else driving or riding on the roadway.  Because of the dangers, there are strict penalties for anyone who is found guilty of driving while under the influence of alcohol.

Laws and Penalties

Blood Alcohol Concentration is a measurement used to judge how impaired a person is when under the influence of alcohol.  It measures the level of alcohol in a person's blood stream.  Milligrams per 100 milliliters of blood are the values used when evaluating a person's BAC.  In New York a person who has a BAC of 0.08% or higher is in violation of the "per say" law.  They are not just seen as driving under the influence of alcohol but also as having committed a crime by driving with their current BAC. 

There are several penalties that can result from being charged and convicted with driving while under the influence of alcohol.  If a person has been convicted of DWI for the first time, they face up to one year in prison.  The individual also will be required to pay a fine.  The fine could range anywhere from $500-$1000.  Driving privileges will be revoked for an entire six months.

New York places even stricter penalties for anyone arrested for DUI who is under the age of 21.  The law that penalizes teenagers who drive under the influence of alcohol is termed the Zero Tolerance Law.  Anyone under 21 who is found with a BAC of 0.02%-07% or more is guilty of breaking this law.  The law is for any under 21 who does not have a BAC of 0.08% or more, but who has driven while under the influence of alcohol.  If someone who might be in this category is pulled over by the police they can be given a BAC test.  Sometimes a person will not submit to this test.  In this case if they are arraigned in court, they will lose their license for one year.  A civil penalty of $300 will have to be paid in addition to any other fines or penalties that result if a person is found guilty of driving while under the influence of alcohol.

Those who are convicted of the Zero Tolerance crime will pay a $100 suspension termination fee, lose their license for six months, in addition to paying a $125 fine.  Any time that a person is found guilty of the Zero Tolerance Law, after the first time, that person will pay another $125 fine as well as $100 to apply again for his or her license.  The person will not have a license for one year at a minimum; however, if he or she does not turn 21 for more than a year, then the license will be lost until the person reaches the age of 21.

Being found guilty of driving under the influence of alcohol while under the age of 21 will cost a person his or her license for one year and in some cases even longer.  If individuals who are under 21 and who have already been convicted of a DWI are found driving under the influence again, they could their license until they turn 21.  When under the age of 21, it is possible for a person to receive a DWI charge if the BAC turns out to be .05 or anything more.

Legal Help

Driving while under the influence of alcohol or driving while intoxicated are very serious offenses.  A person can face jail time, loss of license and fines if convicted.  Anyone who is facing charges in court for breaking any of the laws pertaining to driving under the influence of alcohol should consult with a lawyer.  As stated, these offenses are taken seriously and have some huge penalties associated with the crime. 

Finding a lawyer is not as simple as it might sound.  You should not select just any lawyer.  In fact, you should seek the legal advice of an attorney who specializes in criminal defense.  There are several ways you can search for a lawyer if living in the state of New York.  You can refer to the yellow pages of attorneys in your area.  Read the ads to look for those who might represent clients being charged with a DWI or DUI crime.  Contact some of these lawyers to find out if they would be candidates to handle your case.

You can also search for lawyers online.  There are many search websites that can help you find the names of lawyers in your local area.  The searches are typically set up so that you can find lawyers in the area you need.  For example, you can search for criminal defense lawyers to help you with your case.  Again, after writing down a list of potential lawyers, you should contact a few lawyers for further details.

You might want to find out about the lawyer you would most likely want to represent you.  Find out if anyone has heard anything about that attorney.  Someone might even suggest a lawyer to you if they know of someone who could be particularly helpful with making you aware of your rights and responsibilities related to your DUI/DWI arrest.  Consider searching the Internet and any other resources that you could use to gather more information about an attorney or a law firm.