Understanding DWI Laws in NYS

Wherever you are in the country DWI (Driving While Intoxicated) is considered a serious offense. It puts you and the people around you in grave danger. That’s why DWI laws in NYS have become stricter in holding people who drive under the influence liable for their actions.

Make Sure You Understand DWI Laws in NYS

Much like the rest of America, New York considers DWI a serious offense. Once you’re proven guilty, you can have your licensed revoked, be asked to pay a hefty fine and even get some jail time. All these punishments will depend on how drunk you were, how much damage you cause, your age and other mitigating circumstances. If you think you have a complicated case — such as the questionable veracity of the test, it’s best to seek legal counsel as soon as possible.

dwi laws in nys

How will I be tested?

If you live in New York, it’s assumed that you consent to be tested in case of a DWI arrest. It can be done in multiple ways — such as testing your blood or using the breathalyzer, and you have the right to refuse one but not all.

You should know that refusing for your first offense, you can get as much as a year suspension on your driver’s license, and on your third, you can be sentenced to five years in prison. That’s still excluding the fines that you’ll have to pay and the penalties for the DWI itself.

When am I considered “intoxicated”?

That will depend on your age and the type of license you have. If you’re under 21, you’re considered intoxicated if have a blood alcohol level (BAC) of .02% or more. Over 21, you’re BAC has to be under .08%, and if you have a commercial license, then it’s .04%.

Your penalties will range from a license suspension of 6 months and a fine of $500 to $1,000 to a fine of $5,000 to $10,000, 6-year license suspension and 10 to 60 days in jail or community service.

Other than those penalties, you also have to consider the look-back period. This the amount of time before a DWI is scratched from your record and used to determine whether a subsequent DWI will count as a first, second or third offense. New York’s ruling on this can be a bit complicated. The look-back period ranged from 4 to 25 years. If any of these is confusing for you, the best solution is to hire a lawyer that specializes in DWIs.



This entry was posted in Blog, DWI/DUI Defense and tagged . Bookmark the permalink. Follow any comments here with the RSS feed for this post. Both comments and trackbacks are currently closed.