Any New York driver who is charged with drunk driving wants to know what penalties may be in store. New York, like many other states, is going through a process of tightening its laws regulating the operation of a motor vehicle while intoxicated. This post will summarize the current state of the law.

A DWI first offense carries the potential for up to one year of imprisonment, a fine from $500 to $1,000 and license suspension for a minimum of six months. The penalties become more severe for subsequent convictions. A second offense can result in imprisonment for up to four years, a fine from $1,000 to $5,000 and license suspension for at least one year. The third offense can be punished with up to seven years of imprisonment, a fine between $2,000 and $10,000, and license suspension for at least one year.

The standard for intoxication for persons over 21 years of age is a blood alcohol content in excess of 0.08{e7aaffd771c1d72ed73aa4f2b2654701d87584ba154d7edc68255dac3d0c1e84}. For persons younger than 21, the limit is 0.02{e7aaffd771c1d72ed73aa4f2b2654701d87584ba154d7edc68255dac3d0c1e84}. If the blood alcohol content exceeds 0.18{e7aaffd771c1d72ed73aa4f2b2654701d87584ba154d7edc68255dac3d0c1e84}, the driver can be charged with an aggravated DWI with correspondingly heavier penalties. Also, New York law requires every driver charged with a DUI to submit to a blood alcohol test. Refusing the test will automatically result in a one year license suspension for the first offense and an 18-month suspension for any subsequent offense.

Drunken driving is a serious crime in New York. License suspension can disrupt a person’s ability to work, and the consequences of a jail sentence speak for themselves. Any person charged with such a crime should consult an attorney experienced in handling DUI cases. Such a lawyer will be able to evaluate the facts, spot any mistakes by the police that may invalidate the charges and generally formulate a credible defense that will maximize the client’s chances of a verdict of innocence.

Source: Nolo, “New York DWI Laws,” accessed on March 1, 2015