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Legal consequences for New York DUI

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.

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Office Location

Neil S. Ruskin
188 Montaque Street Suite 404
Brooklyn, NY 11201

Local: (718) 237-1547
Fax: 718-875-4011

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