New York DWI laws are defined by Section 1192 of the Vehicle and Traffic Law (VTL), Chapter 71, Title 7, Article 31. You can find the DWI laws on the official government website: New York Senate – Section 1192.
These laws stipulate additional penalties for drivers under the age of 21 and for those who drive with children in the car, see: Leandra’s Law Information).
In addition to criminal penalties, there are separate DMV penalties to contend with. See: DMV Penalties
Summary of DWI Laws:
Driving While Intoxicated (DWI) is defined as having a blood alcohol content (BAC) of 0.08% or higher. However, this threshold can vary based on the driver’s age or if other drugs are involved. If the breathalyzer returns a BAC of 0.18% or greater, additional legal consequences apply.
Several factors can influence your BAC level, including:
- The amount of alcohol consumed
- How quickly the alcohol was consumed
- Your body weight
- Your gender
- Any medications you may take
- Your general health
- Genetics
- Whether alcohol was consumed with food (note: some foods can trigger a positive breathalyzer result even if you haven’t been drinking)
If you provide the police with a blood sample, only an experienced New York DWI attorney is qualified to challenge the collection process, the handling of the sample, or any potential contamination or false positive results.
Penalties for DWI Offenses:
- First DWI Offense: New York DWI laws specify that a first DWI charge is considered a misdemeanor unless it involves an accident causing property damage or injuries. The penalties include:
- A fine
- A driver education class
- A 6-month license suspension
- Points on your license (leading to higher insurance premiums)
- Up to one year in prison
- Installation of an ignition interlock device (at your own cost)
Even a misdemeanor conviction creates a criminal record that could follow you for the rest of your life. It is crucial you consult with a qualified DWI defense attorney. If you need to defend against DWI charges, call 917-519-8417.
- Second DWI Offense: New York DWI laws specify that a second DWI offense within ten years is classified as a Class E felony. Penalties increase and may include:
- Higher fines
- A minimum 12-month license suspension
- Up to four years in prison
- Installation of an ignition interlock device (at your own cost)
If charged with a second offense, you will be classified as a repeat offender. It is advisable to consult with an attorney specializing in complex DWI cases. Call 917-519-8417 for more information.
- Third DWI Offense: A third DWI offense within ten years is also classified as a Class E felony. Penalties include:
- Substantial fines (up to $10,000)
- A license revocation of 1 to 7 years
- Up to seven years in prison
- Installation of an ignition interlock device (at your own cost)
Given the severity of New York DWI laws it is important to hire an experienced New York DWI attorney who can negotiate a conditional driver’s license with the DMV.
- Felony DWI: A second DWI offense within ten years may be upgraded to a felony. More commonly, a felony DWI charge results from property damage or injuries to others. The amount of jail time for a felony DWI conviction depends on individual circumstances, with potential prison sentences of up to twenty years.
Interlock Laws
New York’s ignition interlock device (IID) law, which came into effect on August 15, 2010, mandates that individuals convicted of Driving While Intoxicated (DWI) or Driving While Ability Impaired (DWAI) may be required to have an IID installed in their vehicles as part of their probation conditions. Here’s a summary of the key points:
- Discretion of the Judge: The court may require an IID, but the decision depends on the specific circumstances of the case and the judge’s discretion.
- Responsibility: The person convicted of DWI or DWAI is responsible for the cost of installation and monthly maintenance fees of the IID.
- Proof of Installation: Those required to have an IID must provide proof of installation to both the court and the probation authorities.
- Employer-Driven Exemption: If an employee must drive a company car as part of their job, the employer may be notified about the IID requirement. The employee must carry proof of this notification in the vehicle, and the company vehicle does not need the IID.
- Installation Requirement: IIDs must be installed on all vehicles that the individual owns or drives regularly. The IID must remain installed for the full mandated period, or their driving privileges will not be reinstated.
- Operation of the Vehicle: To start the vehicle, the driver must provide a breath sample. Periodic random breath tests are required while the vehicle is in motion to ensure that the driver remains sober.
- Failure to Comply: If the driver fails to provide a sample, or provides one over the legal limit (BAC of .05 or more), alarms will sound. A three-minute window is given to safely pull over and provide the sample.
- Safety Features: The device will not immobilize the vehicle to prevent accidents. However, any attempt to tamper with the device or circumvent its use will lead to further penalties.
This law aims to ensure that individuals convicted of DWI or DWAI remain sober while operating their vehicle, thereby preventing further impaired driving incidents.
Given the consequences of the penalties, retaining an experienced DWI defense attorney is crucial. The Law Offices of Michael S. Discioarro can help defend your rights and negotiate penalties with the judge. Call 917-519-8417 today.
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