New York DUI Laws

In the state of New York, driving under the influence of drugs, alcohol or both is a serious offense. For starters, the state has a zero tolerance policy for minors anyone under the age of 21. If you are a minor and you are caught driving under the influence (DUI), you may lose your license until you become an adult. First offenses for adults are just as severe. If you are caught driving under the influence and convicted of DUI, you will lose your license for 6 months, or worse – you could end up in jail for a year.

New York’s implied consent law gives officers of the law the right to administer a chemical, blood, breath, or urine test if he suspects that a driver is under the influence. At the same time, the implied consent law means, if you drive on a New York roadway, you are consenting to a chemical, blood, breath, or urine test upon request.

What is the blood alcohol content level (BAC) limit in the state of New York?

In the state of New York, it is a crime to operate a motor vehicle with a blood alcohol content level (BAC) of 0.08% or higher. Sentence enhancements exist for cases involving a BAC of 0.15% or higher. Minors are considered drunk if they have a BAC of 0.02% or higher and drivers of commercial vehicles are considered drunk if they have a BAC of 0.04% of higher.

In the state of New York what is the administrative license suspension period for a first offense?

In the state of New York, if you get arrested for DUI, the administrative license suspension time varies by case. Under administrative license suspension, the drivers’ license will be taken before conviction when he either fails or refuses to be tested for alcohol or drugs. During any given revocation period, the driver may obtain a limited license.

In the state of New York, what are the penalties for a first DUI offense? Second offense?

In the state of New York, if you are caught and convicted of DUI, you will be charged with a misdemeanor. Fines range from $500-$1,000 plus a mandatory conviction surcharge. Jail time can total anywhere from a few days to a year. Your driver’s license will be suspended for no less than 6 months, and you will have to consent to alcohol screening and evaluation before sentencing.

A second DUI offense (within 10 years of the first) in the state of New York is considered a Class E Felony. You will spend no less than 10 days in jail (or up to 7 years) or you will have to do 60 days of community service and you will have to pay a minimum fine of $1,000 or up to $5,000. Community service is only an option in shorter sentences, as determined by the courts. In addition, your driver’s license will be suspended for no less than 1 year, you will have to pay for an alcohol assessment, and you will have to install an interlock device on your vehicle for a period of time to be determined by the courts.

A third DUI offense in the state of New York is considered a class D felony. You could go to jail for up to 7 years, your license will be suspended for a year, and you will be fined anywhere from $2,000 up to $10,000. When your jail time is up and your license has been reinstated, you will have to install an interlock device for a time period to be determined by the courts.