New York DUI Laws – 1st Offense
First offense results in a driver’s license suspension for 6 months minimum, jail term of up to 1 year (up to 4 years with a passenger under 16), fines from $500 to $1,000 (up to $5,000 with a passenger under 16), a mandatory $160 surcharge payment, and alcohol screening and evaluation. Court many order an Ignition Interlock device as well as a driver responsibility assessment. If a passenger under 16 was in the vehicle the offense will be considered a Class E Felony.
New York DUI Laws – 2nd Offense
Second offense is considered a Class E felony and results in a driver’s license suspension for 1 year minimum, jail term from 5 days to 4 years, fines from $1,000 to $5,000, 30 days community service, a mandatory $270 surcharge payment, an Ignition Interlock device and possible alcohol screening and evaluation.
New York DUI Laws – 3rd Offense
Third offense is considered a Class D Felony and results in a driver’s license suspension for 1 year minimum, jail term from 10 days to 1 year (up to 4 years with a passenger under 16), fines from $2,000 to $10,000 (minimum $5,000 with a passenger under 16), a mandatory $270 surcharge payment, and alcohol screening and evaluation. Court will order an Ignition Interlock device. If a passenger under 16 was in the vehicle the offense will also be considered a Class E Felony.
New York DUI Laws – Implied Consent Laws
Anyone driving a vehicle in New York has given implied consent to submit to a BAC test. Refusal of BAC test results in an automatic suspension of license for at least 1 year plus a $500 civil penalty. Subsequent refusal within 5 years of previous dui or refusal results in an automatic 18 month suspension and a $750 civil penalty.
New York DUI Laws – “Per se” BAC Level
The per se BAC level in New York is .08% meaning anyone driving a vehicle with a BAC of .o8% or over can be charged with dui regardless of driving performance.
New York DUI Laws – “Zero Tolerance” BAC Level
The zero tolerance BAC level in New York is .o2%. Anyone under the age of 21 driving with a BAC of .02% or greater can be charged with DUI.
New York DUI Laws – “Enhanced Penalty” BAC Level
There are enhanced penalties in New York for driving with a BAC of .15% or greater resulting in double the fines and other penalties. Also, dui conviction with a passenger under 16 in the car that result in increased fines and jail time. A person who causes the death of someone under 16 will be charged with aggravated vehicular homicide which is a Class B Violent Felony.
