New York DWI DUI Laws

GET FREE EXPERT LEGAL ADVICE FROM A LOCAL ATTORNEY NOW

New York DWI Lawyers - Drunk DrIving Attorneys

New York DWI DUI Forum | SR22 Insurance Requirements

The maximum prescribed legal BAC limit in New York is 0.08% per se
(effective from Jul 1st 2003)

(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)

New York DWI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of New York it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is a crime to refuse to submit to a chemical test in New York and implied consent laws are enforced.

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

Top of page

Penalties for DWI - Drunk Driving in New York

New York is a state with a ten-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after ten years. If it is ten years and one day since a driver was convicted of DWI, that driver will be considered a first-time offender. If a driver commits a DWI within ten years of the first DWI, they are considered guilty of a second offense and are subjected to harsher punishments.

First DWI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DWI - drunk driving conviction in New York:

• $500 to $1,000 fine
• up to 1 year in jail
• minimum 6 months drivers license revocation

Second DWI - Drunk Driving Conviction - Felony

The penalty for a second DWI - drunk driving conviction in New York:

• $1,000 to $5,000 fine
• 5 days to 4 years jail (or 30 days community service)
• minimum 1 year drivers license revocation
• ignition interlock restriction
• alcohol assessment

Third DWI - Drunk Driving Conviction - Felony

The penalty for a third DWI - drunk driving conviction in New York:

• $2,000 to $10,000 fine
• 10 days to 7 years jail (or 60 days community service)
• minimum 1 year drivers license revocation
• ignition interlock restriction
• alcohol assessment

Penalties for Aggravated DWI - Drunk Driving in New York

Aggravated DWI is classed as driving with a BAC (blood alcohol content - concentration) of 0.18% of higher.

First Aggravated DWI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first aggravated DWI - drunk driving conviction in New York:

• $1,000 to $2,500 fine
• up to 1 year in jail
• minimum 1 year drivers license revocation

Second Aggravated DWI - Drunk Driving Conviction - CLASS E FELONY

The penalty for a second aggravated DWI - drunk driving conviction in New York:

• $1,000 to $5,000 fine
• 5 days to 4 years in jail (or 30 days community service)
• minimum 18 month drivers license revocation

Third Aggravated DWI - Drunk Driving Conviction - Class D FELONY

The penalty for a third aggravated DWI - drunk driving conviction in New York:

• $2,000 to $10,000 fine
• 10 days to 7 years in jail (or 60 days community service)
• minimum 18 month drivers license revocation

DWAI (driving while ability impaired)

You can be charged with DWAI if your driving ability is impaired through either drink or drugs and you have a BAC (blood alcohol content - concentration) of 0.079% or below. 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.

Three or more alcohol or drug-related offenses with 10 years can result in a permanent revocation, with a waiver request permitted after at least five years.

Top of page

Implied consent LAWS

It is a crime 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.

First chemical test refusal

• 1 year drivers license revocation (18 months if commercial driver)
• $500 fine

Second chemical test refusal

• 18 months drivers license revocation (permanent revocation if commercial driver)
• $750 fine

Top of page

New York Auto insurance (High RIsk DUI DWI SR22 Insurance)

New York auto insurance quotes ENTER ZIP CODE:

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:

• $25,000/$50,000 bodily injury liability (BIL) per person
• $50,000/$100.000 for death
• $10,000 property damage liability (PDL) 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.

Top of page

FREE DUI / DWI Case evaluation & by local New York Lawyer

OR

Protect your rights! Talk to a local DUI lawyer New York DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your New York drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local New York Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in New York? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in New York? • Does New York have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with New York laws and procedures ? • When and how can you get your driver’s license reinstated in New York? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local New York criminal defense attorney specialising in New York drunk driving laws today.

Top of page

Disclaimer: While every effort is made to keep all information up to date, the New York drunk driving laws change frequently and the information provided should not be construed as legal advice. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local New York DUI lawyer is recommended in all cases.

Useful New York DWI Links:

DWI - Drunk Driving Laws in New York

New York Drivers Manual

New York SR22 Insurance Requirement

New York DMV (Department of Motor Vehicles)

New York Department of Transport

New York Department of Insurance

New York Unified Court System

New York DWI - DUI Lawyers

New York DWI - DUI discussion forum

Top of page