New York DWI DUI Laws

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The maximum prescribed legal BAC limit in New York is 0.08% per se
(effective from July 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 an offense 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!!

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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'.

NOTE: Out of State Convictions
Under New York state law, any prior out of state convictions for operating a motor vehicle while under the influence of alcohol or drugs shall be deemed to be a prior conviction for sentencing purposes.

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:

• Fine: $500 to $1,000 fine
  [$1,000 to $2,500 if BAC 0.18 or more]
• Jail: up to 1 year in penitentiary or county jail
• Drivers License Revocation: minimum 6 months drivers license revocation
  [minimum 1 year revocation if BAC 0.18 or more]
  CONDITIONAL DRIVERS LICENSE: May be eligible for a conditional drivers license if you participate in the New York States Drinking Driver Program (DDP)
• Ignition Interlock Restriction: ignition interlock restriction for a period of not less than 6 months upon license reinstatement
• may be required to attend a victims impact program

Second DWI - Drunk Driving Conviction - CLASS E Felony

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

• Fine: $1,000 to $5,000 fine
• Jail: 5 days to 4 years jail (or at least 30 days community service)
• Drivers License Revocation: minimum 1 year drivers license revocation
  [minimum 18 months revocation if BAC 0.18 or more]
• Ignition Interlock Restriction: ignition interlock restriction for a period of not less than 6 months upon license renewal
• alcohol or substance abuse assessment and treatment as required
• may be required to attend a victims impact program

Third AND Fourth DWI - Drunk Driving Conviction - CLASS D Felony

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

• Fine: $2,000 to $10,000 fine
• Jail: 10 days to 7 years jail (or at least 60 days community service)
• Drivers License Revocation: minimum 1 year drivers license revocation + 5 years drivers license denial from DMV
  [minimum 18 months revocation if BAC 0.18 or more + 5 years drivers license denial from DMV]
  

Possible that DMV will not relicense permanently (depending on driving record) - see additional sanctions below

• Ignition Interlock Restriction: classed as a problem driver and ignition interlock restriction for a period of 5 years upon drivers license renewal
• alcohol or substance abuse assessment and treatment as required
• may be required to attend a victims impact program

ADDITTIONAL SANCTIONS FOR REPEAT OFFENDERS

THREE OR FOUR ALCOHOL/DRUG DRIVING CONVICTIONS WITHIN 25 YEARS

No previous serious driving offense and revocation resulting from alcohol/drugged driving

Drivers with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years and whose revocation results from an alcohol/drugged-driving conviction or incident will be denied relicensing for 5 years by the DMV in addition to any statutory revocation period. After this period the driver will be relicensed with a problem driver restriction for 5 years requiring an ignition interlock device.

A previous serious driving offense and revocation resulting from alcohol/drugged driving

Drivers with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years plus one serious driving offense will be classed as a "persistently dangerous driver" and will be permanently denied relicensing (subject to compelling or extenuating circumstances).

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:

• Fine: $2,000 to $10,000 fine
• Jail: 10 days to 7 years jail (or at least 60 days community service)
• Drivers License Revocation: permanently denied relicensing (subject to compelling or extenuating circumstances)

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.

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Implied consent LAWS

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

• Fine: $500 civil penalty
• Drivers License Revocation: 1 year drivers license revocation (18 months if commercial driver)

Second chemical test refusal

• Fine: $750 civil penalty
• Drivers License Revocation: 18 months drivers license revocation (permanent revocation if commercial driver)

Third (OR subsequent) chemical test refusal

• Drivers License Revocation: possible permanent revocation of drivers license

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New York SR22 insurance (High Risk auto Insurance)

list of auto insurance companies we search to find you the best rate

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.

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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 specializing in New York drunk driving laws today.

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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 on this web site should not be construed as legal advice, nor is it necessarily complete. 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

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Latest New York DWI News

How Cuomo Could Expand DWI Effort to Target All Serial Dangerous Drivers - Streetsblog New York (blog)

Streetsblog New York (blog)

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Felony DWI Charges in Tuckahoe - Patch.com

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Vt. woman guilty of DWI, not homicide, in NY crash - Wall Street Journal

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