In New York, DUIs are considered a serious issue. They can lead to hefty fines and even lengthy jail time if physical injuries and damage to property is involved. In the majority of cases, motorists will be required to install an IID after their first offense.
If you’ve been charged with a DUI in New York, you’ll need to understand the state laws to best defend yourself in court.
Here’s what you need to know about New York DUI laws:
BAC Levels and Legality in the State of New York
It’s illegal to be driving in New York with BAC levels of 0.08% or more regardless of your age. If an individual below the age of 21 is caught driving under the influence, they will be faced with multiple charges and asked to go to criminal court.
Commercial Vehicles:
Since you have to be more responsible when driving commercial vehicles; the limit for BAC levels are even lower. Commercial drivers are not allowed to drive in NY if their BAC levels are at 0.04% or more.
Repeat Offenders:
For repeat offenses, the punishment will be decided at the discretion of the court. In most cases, the defendant is likely looking at a year or more on prison depending on whether or not others were injured due to their negligence.
Punishment
First Offense
First time offenders can face fines up to $500 in New York and their license can be suspended for more than 90 days. Motorists that refused to take the BAC test can have their drivers’ license suspended for a year!
In some cases, first time offenders may receive 15 days of jail time.
IID installation is compulsory for most DUI cases in New York, even if it’s just the first offense. The court will decide how long you’ll have to use the IID and whether or not you’ll need to enroll yourself in the New York Drinking Driver Program (DDP).
Second Offense
On your second DUI offense, you will be faced with the same punishments as earlier; however, the severity of the penalties may be increased.
You can be subjected to fines that range between $500 and $750. Your license may be suspended for a minimum of 6 months. Motorists who refuse to take the breathalyzer test will have their license suspended instantly. Just like before, you will have to install an IID for a specific duration set by court.
Third Offense
If your third offense takes place within 5 years of your other two offenses then the previous penalties can be applied; however, the exact punishment will be determined by court.
You will need to hire a DUI lawyer based in New York who can help you navigate through court proceedings and have your punishment reduced as much as possible.
Attorney Norley E. Castañeda is an experienced criminal lawyer based in Suffolk County who has handled all sorts of complex DUI cases in New York.
If you’re looking for a criminal defense lawyer in New York, give us a call at (516) 286-3486.