What Happens if You Get a DUI in New York?

Driving under the influence is a serious offense in New York. Get arrested for a DWI, and you may be starting at heavy fines, jail time, and a long-term license suspension. Your employer may also find out.

Talk to a DUI lawyer as soon as you receive a DUI charge. A DUI lawyer will tell you about your sentencing options right away. and may even negotiate a milder sentence than you would have otherwise received.

Types of DUI Offenses in New York

There are several types of DUI offenses in New York. 

DWI, or Driving While Intoxicated, refers to a situation when a driver is operating a vehicle with a blood alcohol level of .08% or higher. For commercial drivers, the blood alcohol is .04% or higher.

Aggravated DWI occurs when a driver is operating a vehicle with a blood alcohol level of .18% or higher.

DWAI, or Driving While Ability Impaired, refers to operating a vehicle with a blood alcohol level over .05% but under .07%. DWAI combination refers to a situation when a driver’s ability is impacted by a combination of alcohol and drugs.

A refusal to take a blood alcohol test will result in a driving under the influence charge. New York is a zero-tolerance state, so drivers under 21 operating a vehicle with a blood alcohol content of .02% to 0.7% will also violate driving laws. 

Penalties for Drunk Driving in New York 

If you are charged with DWI (driving while intoxicated) and you have no prior offenses, you will face a fine of $500 to $1,000, a maximum jail term of one year, and a license suspension for at least six months.

If this is your second DWI, your penalties will include a fine of $1,000 to $5,000, a maximum of four years in jail, and a license suspension for at least one year.

If you are charged with a third DWI within a ten-year period, you will face a fine of $2,000 to $10,000, a maximum jail term of seven years, and a license suspension for at least one year.

If you are charged with a DWAI (driving while ability impaired by alcohol) for the first time, you will pay a fine of $300 to $500, they will suspend your license for 90 days, and you may face a jail sentence of up to 15 days.

A second DWAI violation (within a five-year period) results in a $500 to $750 fine, a maximum jail term of 30 days, and a license revocation for a period of at least six months.

Third and subsequent DWAI violations within a ten-year period will lead to a fine of $750 to $1,500, a maximum jail term of 180 days, and license revocation for at least six months.

If you have committed an Aggravated DWI (and this is your first Aggravated DUI offense), you will face a fine of $1,000 to $1,500, a maximum one-year jail sentence, and license revocation for at least one year.

If this is your second Aggravated DWI, your penalties will include a fine of $1,000 to $5,000, a maximum four-year jail term, and a license revocation for a period of at least 18 months.

If you have committed a third Aggravated DUI within ‌ten years, you will face a $2,000 to $10,000 fine, a maximum jail term of seven years, and a license revocation for a period of at least 18 months. 

If you have broken the Zero Tolerance Law, you will need to pay a $125 civil penalty and the court will suspend your license for six months. To get your license back, you will also need to pay a $100 suspension fee. 

Lawyers for New York DUI Cases

It’s dangerous to handle a DUI case without legal help. Doing so will put you at a substantial disadvantage. There are court procedures and deadlines that will be specific to your county; and representing yourself means you might say the wrong thing to a prosecutor or judge. A DUI conviction can put you in jail, affect your financial situation, make you lose your job, hold you back in your career and personal life, and more. 

A DWI attorney licensed in New York will help you understand what consequences you are facing. They will also research your case, find attenuating circumstances (if any) and help you negotiate your sentence with the judge.  If you have been wrongfully charged with a DWI, you will also need legal help to contest your conviction.

Traditional DUI lawyers can take between $3,000 and $5,000 to start on a case. However, Unbundled Legal Help specializes in affordable representation and realistic payment options.

The DUI attorneys in our network generally start a case for $1,500 to $2,500 and up. Let us match you with a local DUI attorney for a free consultation today.