The maximum prescribed legal BAC limit in New York is 0.08% per se
New York Drunk Driving Laws
(If you’ve been charged with New York DWI, the law allows only 10 days for your New York DWI Lawyer to make a request with the New York DMV (Department of Motor Vehicles) for a hearing to save your driving license)
ALL DRIVERS - BAC LIMIT = 0.08%
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is an offense to refuse to submit to a chemical test in New York and implied consent laws are enforced.
New York is a state with a ten-year ‘washout period’ also known as a 'look back period'.
NOTE: Out of State Convictions
Three or more alcohol or drug related offenses could possibly result in a permanent license revocation depending on when prior offenses occurred.
First DWI - Drunk Driving Conviction - MISDEMEANOR
The penalty for a first DWI - drunk driving conviction in New York:
Second DWI - Drunk Driving Conviction - CLASS E Felony
The penalty for a second DWI - drunk driving conviction in New York:
Third AND Fourth DWI - Drunk Driving Conviction - CLASS D Felony
The penalty for a third and fourth DWI - drunk driving conviction in New York:
Possible that DMV will not relicense permanently (depending on driving record) - see additional sanctions below
ADDITTIONAL SANCTIONS FOR REPEAT OFFENDERS
THREE OR FOUR ALCOHOL/DRUG DRIVING CONVICTIONS WITHIN 25 YEARS
Fifth DWI - Drunk Driving Conviction - CLASS D Felony
Classed as persistently dangerous driver
The penalty for a fifth DWI - drunk driving conviction in New York:
DWAI (driving while ability impaired)
You can be charged with DWAI if your driving ability is impaired through alcohol if your BAC (blood alcohol content - concentration) is between 0.05 and less than 0.08.
Penalties range from $300 to $1,500 fine, up to 180 days in jail, minimum of 90 days drivers license suspension. Penalties will be based upon previous convictions, age and circumstances.
It is an offense to refuse to submit to a chemical test in Delaware and implied consent laws are enforced.
Penalties for refusing to submit to a chemical test in New York
In New York, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
The penalties and fines for refusing to submit to a chemical test are separate from and in addition to the penalties and fines for alcohol or drug-related convictions.
First chemical test refusal
Second chemical test refusal
Third (OR subsequent) chemical test refusal
Although SR22 insurance is not required in the state of New York after an alcohol related driving conviction, it will save you money to shop around for auto insurance after a DWI DUI - drunk driving conviction regardless. Auto insurance can be very expensive if you go with the wrong provider. Get a FREE auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for New York auto insurance in a matter of minutes.
Minimum liability insurance requirements for private passenger vehicles in the state of New York
The minimum mandatory liability insurance coverage required in the state of New York for private passenger vehicles is (25-50/50-100/10). This equates to the following liability coverage:
What is (BIL) Bodily Injury Liability insurance?
(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.
What is (PDL) Property Damage Liability insurance?
(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.
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