What Are the Penalties for DUI in New York?

Introduction

If you've been charged with a DUI in New York, you're likely feeling overwhelmed and scared about what comes next. At Spodek Law Group, we understand how stressful and life-altering a DUI charge can be. That's why our experienced New York DUI attorneys are here to guide you through this difficult time and fight for the best possible outcome in your case.In New York, there are several different drunk driving offenses you can be charged with, each carrying its own set of penalties. The specific charge and potential consequences depend on factors like your blood alcohol content (BAC) at the time of arrest and whether you have any prior DUI convictions. Let's take a closer look at the different DUI offenses and penalties in New York.

DWAI (Driving While Ability Impaired)

DWAI is the least serious DUI offense in New York. You can be charged with DWAI if your BAC is between .05 and .07 or if other evidence shows your ability to drive was impaired to any extent by alcohol. The penalties for a first-offense DWAI include:

A fine of $300-$500
Up to 15 days in jail
90-day license suspension
$250 annual assessment fee for 3 years

For a second DWAI conviction within 5 years, the penalties increase to:

A fine of $500-$750
Up to 30 days in jail
Minimum 6 month license revocation
$250 annual assessment fee for 3 years

A third DWAI within 10 years is a misdemeanor offense with even harsher consequences, including up to 180 days in jail.

DWI (Driving While Intoxicated)

You can be charged with DWI, a misdemeanor, if your BAC is .08 or higher or you are deemed intoxicated based on other evidence. For a first-offense DWI, the penalties include:

A fine of $500-$1,000
Up to 1 year in jail
Minimum 6 month license revocation
$250 annual assessment fee for 3 years
Possible ignition interlock device requirement

A second DWI within 10 years is a felony offense with penalties including:

A fine of $1,000-$5,000
Up to 4 years in prison
Minimum 1 year license revocation
$250 annual assessment fee for 3 years
Mandatory ignition interlock device

Aggravated DWI

An aggravated DWI charge applies if your BAC is .18 or higher. This is a misdemeanor for a first offense but a felony for a second offense within 10 years. The penalties are enhanced beyond a standard DWI:First-offense Aggravated DWI:

A fine of $1,000-$2,500
Up to 1 year in jail
Minimum 1 year license revocation

Second-offense Aggravated DWI:

A fine of $1,000-$5,000
Up to 4 years in prison
Minimum 18 month license revocation

DWAI-Drugs and DWAI-Combination

In addition to alcohol-related offenses, you can also be charged for driving while impaired by drugs (DWAI-Drugs) or a combination of drugs and alcohol (DWAI-Combination). Both are misdemeanors with penalties similar to a first-offense DWI, including fines, jail time, and license revocation.

Underage DUI

New York has a "zero tolerance" policy for drivers under 21. An underage DUI offense can result from a BAC of just .02 to .07. Penalties include a $125 fine and 6-month license suspension.

How Our New York DUI Lawyers Can Help

As you can see, the penalties for DUI in New York are severe, even for a first offense. You could be facing hefty fines, jail time, and a lengthy license suspension or revocation. A DUI conviction can also impact your job, relationships, and future opportunities.But you don't have to face these charges alone. At Spodek Law Group, our knowledgeable New York DUI attorneys will thoroughly review your case to determine the best strategy for your defense. We'll guide you through every step of the process, working tirelessly to have your charges reduced or dismissed. With our skilled representation, you can minimize the consequences of a DUI arrest and move forward with your life.Don't wait to get the legal help you need after a DUI arrest in New York. Contact Spodek Law Group today at 212-300-5196 to schedule a consultation with one of our experienced New York DUI lawyers. Let us put our expertise to work for you and protect your rights, reputation and freedom.