DUI And DWI Penalties In New York State

Prior results do not guarantee a similar outcome.

A DWI or DUI conviction can result in devastating consequences. Not only will you face the stigma that results from having a criminal record, but there are also tangible penalties that can be life-altering. You need an experienced legal professional aggressively fighting to protect you every step of the way.

With offices in Newburgh, Middletown, and Kingston, the defense attorneys at Larkin, Ingrassia & Tepermayster, LLP, are prepared to represent clients throughout New York. With extensive experience in the full range of criminal defense cases, our dedicated team of professionals is ready to fight to minimize your exposure to the severe penalties associated with a DWI charge.

Do not let a DWI charge ruin your life.

Various factors can influence the penalties you face, but we would like to provide the overview of the serious nature of the consequences. Since every case is different, the only way to truly gauge the penalties you are facing is to schedule a consultation with an experienced defense lawyer. New York DWI penalties can include:

  • First offense: For a DWI first offense, you face up to one year in jail, up to $1,000 in fines and penalties, and license suspension for a minimum of six months. Additionally, a mandatory Ignition Interlock Device (IID) will be installed on every vehicle owned or operated.
  • Second offense: A second DWI offense can lead to up to four years in jail, up to $5,000 in fines and penalties, and a minimum of one year license suspension.
  • Third offense: A DWI third offense can result in up to seven years in jail, up to $10,000 in fines and penalties, and a minimum of one year license suspension. A third offense in the span of 25 years can result in a permanent lifetime driver's license revocation.

If the second DWI offense occurs within 10 years of the first, the second offense is considered a felony with serious penalties.

These Are New York Blood Alcohol Limits

Blood alcohol content (BAC) is not an exact science, no matter what law enforcement would have you believe. These percentages can be influenced by numerous factors including an individual's weight. Additionally, the test itself can influence the results — was the test administered correctly, for example. In New York, BAC limits are currently:

  • Under 21: .02 percent
  • 21 or older: .08 percent
  • Commercial drivers: .04 percent

If you or a family member was arrested for DWI or DUI, it is crucial that you seek experienced defense as soon as possible. Contact our firm to discuss your case in greater detail.

A Driver's License Gives Implied Consent For Drug And Alcohol Testing

Many states, including New York, have implied consent laws. The legal language can be complex, but, essentially, you gave consent to take a blood, breath, urine or saliva test when you accepted your New York State driver's license.

If an officer has probable cause to believe you were driving while intoxicated, the officer can choose the test, and it must be taken within two hours of arrest. If you refuse to take the test, however, you can face immediate consequences such as license revocation. For a first offense, the revocation lasts one year. The duration increases with subsequent offenses. Mandatory fees must be paid prior to receiving a new license.

Contact A Defense Attorney As Soon As Possible

Schedule a free DUI/DWI penalties consultation at Larkin, Ingrassia & Tepermayster, LLP. Call us at 845-234-4852 or reach us online. We welcome all inquiries. Se habla español.