Understanding New York DUI Laws: Penalties, Procedures, and Prevention
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Driving under the influence of alcohol or drugs is a serious offense. There are strict laws in every state prohibiting such behavior, and it’s important to understand your state’s rules for drivers.
Under New York DUI law, there are steep penalties for drivers committing alcohol or drug-related violations that everyone should want to avoid. Use this guide to better understand DUI law in New York and drive responsibly.
Introduction to New York DUI Laws
There are several different types of alcohol or drug-related violations under New York State DUI laws. While driving under the influence of alcohol is the most well-known violation, you should also familiarize yourself with the other types. That way, you know exactly what is not allowed under DUI laws in New York.
What Is Considered a DUI in New York?
New York uses the phrase driving while intoxicated (DWI) to describe the offense of driving with a blood alcohol content (BAC) of 0.08 or higher. However, you may still be breaking laws by driving with a BAC below 0.08. For example, if you drive a commercial motor vehicle, New York DWI laws prohibit a BAC of 0.04 or higher.
If a driver has a BAC of more than 0.05 and less than 0.07 or shows other evidence of impairment, New York state law enforcement could charge them with driving while ability impaired by alcohol (DWAI/Alcohol). There are also charges in New York for driving while ability impaired by a single drug other than alcohol (DWAI/Drug) or driving while ability impaired by a combined influence of drugs or alcohol (DWAI/Combination).
Driving with a 0.18 BAC or higher is considered aggravated driving while intoxicated (Aggravated DWI) in New York and comes with more severe penalties than a standard DWI charge. If a driver is under 21, they’re subject to New York’s Zero Tolerance Law, which prohibits driving with a 0.02 BAC to 0.07 BAC.
Legal Blood Alcohol Concentration (BAC) Limits in New York
The legal limit for BAC in New York is:
- 0.02 BAC for drivers under 21
- 0.04 BAC for drivers of commercial vehicles
- 0.08 BAC for non-commercial drivers 21 and over
- 0.18 BAC for aggravated DWI
If law enforcement catches someone driving at or above these blood alcohol content limits in New York, the driver is subject to penalties.
Aggravating Factors That Increase DUI Penalties
Certain factors can lead to a more severe potential penalty for New York traffic violations, including driving while intoxicated. For example, aggravated DWI carries higher mandatory fines, maximum jail terms, and driver's license revocation terms than standard DWI in New York. The court may also require someone convicted of aggravated DWI to install an ignition interlock device, which only allows the driver to start their car after they provide an acceptable breath sample.
Generally, a higher BAC will lead to more extreme penalties. Drivers will face a license suspension for 90 days for a DWAI offense but face a loss of driving privileges for at least six months for a DWI because it’s a more severe driving offense in New York.
Also, committing multiple violations within 10 years can significantly increase the penalties for alcohol or drug-related driving offenses. The first DWI carries a $500 to $1,000 civil penalty fine, compared to a $2,000 to $10,000 fine on a third DWI violation in 10 years. The latter is also a Class D felony, and offenders can face up to 4 years of jail time.
How New York DUI Convictions Impact Your Car Insurance
Part of how car insurance providers decide your insurance rates and whether to insure you at all is by assessing your risk level. A DUI conviction tells insurers that someone doesn’t drive as responsibly and may be more likely to cause a vehicle accident. As a result, an insurance company may either significantly increase that individual's rates or not offer them any insurance coverage at all.
Steps To Take After a DUI Arrest in New York
If you get arrested for driving under the influence in New York, stay calm and follow these steps:
- Hire a lawyer to start building your case.
- Find alternative transportation options, as you will have a New York suspended license while your case is pending.
- Collect evidence to help your case.
- If you are convicted, inform your insurance provider.
- Sign up for a New York traffic school or Impaired Driver Program (IDP) to get a conditional license while yours is suspended or revoked.
You are not legally required to inform your insurance provider, but a conviction will go on your criminal record, which insurance companies have access to. It’s better to get ahead of this to know what to expect.
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