Can You Be Arrested for DUI in New York?

By max@dotcomlawyermarketing.com
July 9, 2024
4 min read
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Can You Be Arrested for DUI in New York?

At Spodek Law Group, we understand that facing a DUI charge in New York can be a scary and confusing experience. As experienced criminal defense attorneys, we're here to guide you through the process and fight for your rights. Let's take a closer look at New York's DUI laws and what you need to know if you've been arrested.

Understanding DUI Laws in New York

First things first - in New York, it's actually called "DWI" (Driving While Intoxicated) rather than DUI. But don't worry, we'll use both terms interchangeably here since many people are more familiar with "DUI."Here's the deal: In New York, you can absolutely be arrested for DUI if law enforcement has probable cause to believe you're driving under the influence of alcohol or drugs. The legal blood alcohol concentration (BAC) limit is 0.08% for most drivers. But here's the kicker - you can still be arrested even if your BAC is lower if the officer believes you're impaired.Let's break down the different types of DUI charges in New York:
  1. Driving While Intoxicated (DWI): BAC of 0.08% or higher
  2. Aggravated DWI: BAC of 0.18% or higher
  3. Driving While Ability Impaired (DWAI): BAC between 0.05% and 0.07%
  4. DWAI-Drugs: Impairment by drugs other than alcohol
  5. Zero Tolerance: For drivers under 21 with a BAC of 0.02% to 0.07%

What Happens During a DUI Arrest in New York?

So you've been pulled over and the officer suspects you're under the influence. What now? Here's a typical scenario:
  1. The officer will ask you to perform field sobriety tests (walking in a straight line, standing on one leg, etc.)
  2. You may be asked to take a preliminary breath test (PBT) at the scene
  3. If arrested, you'll be taken to the police station for a more accurate chemical test (breath, blood, or urine)
  4. You'll be booked, fingerprinted, and likely spend some time in jail before being released
Here's the thing - you have the right to refuse these tests. BUT (and it's a big but), refusing can lead to automatic license suspension and can be used against you in court. It's a tough call, and that's why having an experienced DUI attorney like us in your corner is so crucial.

Penalties for DUI in New York

Let's not sugarcoat it - the penalties for DUI in New York can be harsh. Here's a quick rundown:
Offense Fine Jail Time License Suspension
First DWI $500 - $1,000 Up to 1 year 6 months minimum
Second DWI (within 10 years) $1,000 - $5,000 Up to 4 years 1 year minimum
Third DWI (within 10 years) $2,000 - $10,000 Up to 7 years 1 year minimum
And that's not even mentioning the potential for ignition interlock devices, mandatory alcohol education programs, and skyrocketing insurance rates. Yikes!

How We Can Help

Look, we get it. Being arrested for DUI is scary. But here's the good news - you don't have to face this alone. At Spodek Law Group, we've been defending clients against DUI charges for years. We know the system inside and out, and we're not afraid to fight for you.Here's how we can help:
  1. Challenge the traffic stop: Was there really probable cause to pull you over?
  2. Question the field sobriety tests: These tests are often subjective and can be affected by many factors.
  3. Examine the chemical test results: Were the testing procedures followed correctly? Was the equipment properly calibrated?
  4. Negotiate with prosecutors: Sometimes, we can get charges reduced or even dismissed.
  5. Represent you in court: If your case goes to trial, we'll be there every step of the way.
Remember, an arrest is NOT a conviction. There are many ways to fight a DUI charge, and we're here to explore every possible avenue for your defense.

Don't Wait - Call Us Now!

If you've been arrested for DUI in New York, time is of the essence. The sooner you get us involved, the better we can protect your rights and build your defense. Don't let one mistake derail your entire future.Give us a call at 212-300-5196 or visit our website at https://www.federallawyers.com. We offer free consultations, and we're available 24/7 to take your call.Remember, at Spodek Law Group, we're not just your attorneys - we're your advocates, your defenders, and your partners in this fight. Let's work together to get you the best possible outcome. Your future is worth fighting for!

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About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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