The state of New York takes DUI/DWI cases very seriously and has harsher penalties as compared to other states. Drunk driving is considered a criminal offense in all the states, and can lead to life altering consequences if correct action is not taken at the right time. Like most other states, New York also follows Implied Consent Law, which means that all drivers in New York must take an alcohol test if stopped and asked by a police officer on the road. This test usually checks the level of alcohol on a persons breath with the use of a breathalyzer. Samples of saliva, blood or urine may also be taken at a nearby collection centre if the police officer feels that the breath test is not enough.

Legal BAC limits in New York

The Blood Alcohol Concentration or BAC determines how much alcohol is present in the driver’s blood stream. Different states have different legal limits of BAC for different aged drivers. The state of New York considers a driver impaired or drunk if the Blood Alcohol Content is 0.08% or more, and will charge him/her with DUI (Driving Under the Influence). Similarly, the state follows a Zero Tolerance law for drivers under the age of 21 years, which means any one under the age of 21 found driving with even minor levels of alcohol in the blood will be charged and arrested for drunk driving. Commercial drivers have an allowed legal limit of less than 0.04% like in most other states.

Consequences of a New York DWI arrest

A DUI arrest in New York can trigger 2 different cases, which include a criminal case and a civil case which deals with your driver license suspension. You will have to fight these two cases to get your driving privileges back and also to prevent a DUI conviction on your record. The DMV case by the Department of Motor Vehicles is dealt in the civil court which deals with your driver’s license suspension. The criminal court deals with your drunk driving offense.

What can lead to a DUI arrest in New York?

In the state of New York, two theories can trigger a DUI arrest:

• The driver violates the “per se” law and is found with BAC of more than the legal limit
• The driver is found intoxicated or in a condition where the motorist lacks the necessary mental and physical ability to operate a motor vehicle

In the first case, BAC level is measured to determine if the motorist has violated the law, but in the second case, no measurement of BAC is required.

What to do after a DUI arrest?

Once a driver is arrested for DUI, he/she should exercise their right and ask for a lawyer right away. The New York DUI laws allows the motorist to consult with a DWI lawyer before deciding to give the chemical test or not which checks the level of BAC. However, it is important that you talk with a qualified DUI lawyer who knows how to handle a complicated situation such as a DUI arrest. Therefore, as an adult with driving privileges, you should be aware of this and should know who to contact in case you are stopped and questioned by the police.

New York DUI penalties and charges

A DUI conviction in New York has penalties including jail time, license suspension and fines and their detail is given below:

First time conviction – A first time DUI conviction can is fined anywhere between $500 up to $1000, and can go up to $2500 in case of an aggravated DWI. The state can suspend the driver’s license for a minimum of six months and sentence the driver to up to one year of prison.

Second conviction – A second conviction is treated as a Class E felony and fined a minimum mandatory of $1000 which can go up to $5000. A minimum jail sentence of 5 years is also required, which can go up to 3 years. The drivers license is also revoked for 18 months or more.

Third conviction – Three or more DUI convictions in the state of New York move into the Class D felony group and can lead to a permanent suspension of the driver’s license. The offender is charged any where between $2000 up to $10000 with a minimum jail sentence of10 days up to 7 years.

As soon as you are stopped and questioned by the police for DUI, you should get in touch with a drunk driving defense attorney right away. If you need more information about DUI laws in New York and other states, visit www.MyDUIAttorney.org