DWI Laws in New York City
To determine whether you’re illegally driving while intoxicated, the state uses your blood alcohol concentration or BAC.
You will be charged with DWI if your BAC is:
0.08% and you’re 21 years old or older.
0.04% and you’re driving a commercial motor vehicle.
0.02% and you’re younger than 21 years old.
A first DWI conviction is considered a misdemeanor offense under New York law. You will be fined from $500 to $1,000 and you could spend up to 1 year in jail. Your driver’s license will be suspended for a minimum of 6 months and you will be ordered to pay a mandatory conviction surcharge.
A second DWI conviction within 10 years is considered to be a Class E Felony that carries at least 5 days of mandatory jail time and a maximum of 4 years in prison, or an order to perform 60 days of community service. Your license will be suspended for up to one year and you may pay fines ranging from $1,000 to $5,000.
A third DWI or DWAI-Drug offense within 10 years, is a class D felony. You will spend at least 10 days in jail or a maximum of 7 years in prison. Your driver’s license will be suspended for at least one year, and the judge may order you to have an ignition interlock device installed in your vehicle, Alcohol evaluation is mandatory, and your fines may now be between $2,000 and $10,000.
If an individual below 21 years of age is found driving under the influence of alcohol an underage DWI/DUI case can be changed against him or her. The laws for drivers under 21 are, in effect, Zero tolerance laws. Penalty may include suspension of the driver’s license for 3 to 6 months, imposed fines, or in some cases a jail sentence through a judicial procedure. if you refuse to test for alcohol detection, your license will also be suspended.
If you are charged with a DWI, contact the New York City DWI attorneys at Paul D. Petrus, Jr. and Associates P.C. for an initial consultation.