DUI New York Laws and Penalties

New York DUI cases (likewise called DWI) are under one of the two standing theories; first, violation of the DUI “per se” law, based on alcohol level, or under the common “common law” theory, wherein the prosecution has to prove that the driver involved is intoxicated. If you are arrested in New York for DUI, such arrests are based mostly on the arresting officer’s opinion, and not on the measurement of your BAC level.

Indeed, under common law theory, police officers have the right to arrest individuals for DUI if their driving abilities are deemed to be impaired due to alcohol. This is regardless of their BAC levels. In the state of New York, the opinion of the arresting officer is enough to charge you and bring you in court.

New York DUI Laws

New York DUI law is considered to be unique, since it provides drivers a qualified right to talk to his DUI attorney before he decides on whether to take or refuse any chemical test. Indeed, it is crucial that you consult a professional New York DUI lawyer before you decide on the issue since taking the chemical test is a complicated decision that must be made following any DUI arrest.

New York State joins many other US states making it a Class E type of felony for DUI offenders who drive with a child as passengers. Such felonies are known to carry jail terms of a maximum of four years, and five years of probation. In the past, DUIs in New York and many states were charged only as Class E after a second DUI offense within a ten-year period.

New York DUI law is actually a new one; it makes Ignition Interlock gadgets to be mandatory for first-time DUI offenders. NY Courts will have to impose this law for at least six months.

New York DUI Penalties

The New York DUI penalty system is basically designed to force drivers convicted of first-time DUI not to drink again if they need to drive, lest they lose their freedom. You will see that the penalties increased so much after the first offense. You will then realize that such penalties are not worth the risk of drinking while you have been drinking. The following are the penalties for DUI offenses:

First DUI offense is considered to be a misdemeanor. If you are charged with DUI for the first time, you will have to pay $500 to $1,000 in fine, maximum of one year in jail, and revocation of driver’s license for six months.

Second DUI offense within the period of ten years is now considered to be a felony. Penalties that you will face if you are an offender is a fine of $1,000 up to $5,000, jail time of a maximum of four years, and one year revocation of driver’s license.

Third DUI offense within the period of ten years is a felony. You have to pay up to $10,000 in fine, a maximum of seven years jail time, and license revocation for a minimum of one year.

Such penalties do not include the conviction surcharges and assistance fees for crime victims that you will have to pay. These fees usually add up to several hundred dollars.

Second and third DUI penalties are more serious if, for instance, you are convicted within a five year period of the first offense.

Apart from the penalties imposed by the court, the DMV imposes its own fines. This is under the Driver Responsibility Scheme. If you are convicted with DUI, the DMV will bill you an amount of $250 every year for three years just for you to retain your driving privileges.

How New York DUI affects Auto Insurance Rates

You must remember that if you get arrested, charged and convicted of a DUI in the state of New York, the DMV will inform your insurer of your crime. This means that you will have to expect that your insurer will either drop you or markedly raise your auto insurance rates.

Likewise, you have to present proof of insurance to the DMV to obtain and have your driver’s license reinstated after suspension. This means that you either have to stick with the raised rates, or shop around for a new car insurance policy, which you will discover to be difficult to do after you have committed such a DUI crime.

Leave a Reply