New York law mandates serious penalties for driving under the influence. Some motorists even receive jail time for the first DUI offense.

If you face a DUI court date, understand the potential legal consequences of a conviction.

New York DUI categories

You can receive three different types of state DUI charges. A basic DUI consists of blood alcohol content above 0.08%. Commercial drivers can get a DUI for a BAC above 0.04%, and the legal limit is 0.02% for drivers under 21.

Aggravated DUI charges result from BAC higher than 0.18%. A lesser offense, driving while ability impaired, results from BAC of 0.05% to 0.07%.

Penalties for DUI crimes

If you receive a DWAI conviction, you could receive up to:

  • 15 days in jail, $500 fine and 90-day license suspension for a first offense
  • 30 days in jail, $750 fine and six-month license suspension for a second offense in five years
  • 180 days in jail, $1,500 fine and six-month license suspension for a third offense in 10 years

DUI penalties include up to:

  • One year in jail, $1,000 fine and six-month license suspension for a first offense
  • Four years in jail, $5,000 fine and one-year license suspension for a second offense in 10 years
  • Seven years in jail, $10,000 fine and one-year license suspension for a third offense in 10 years

For an aggravated DWI, you could receive up to:

  • One year in jail, $2,500 fine and one-year license suspension
  • Four years in jail, $5,000 fine and 18-month license suspension for a second offense in 10 years
  • Seven years in jail, $10,000 fine and 18-month license revocation for a third offense in 10 years

If you live in New York, you can receive additional penalties for refusing a breath or blood test during your DUI arrest. For the first refusal, these may include a one-year license suspension and a $500 fine on top of DUI consequences.