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New York State DWI Laws and Penalties

A lot has changed in the Empire State since August of 2005 concerning DWI laws. Now when a driver fails a chemical test, he or she is automatically deemed Driving While Intoxicated if the blood alcohol content was .08% or more – the state’s legal limit. In fact, the court requires no additional proof besides the results of a chemical test in order to convict a person of DWI. This is known as being “per se intoxicated”.

Underage Drinking and Driving Law
Designed to target drivers under the legal drinking age of 21, New York and all other states enacted the Zero Tolerance law. In New York, it is illegal for a driver under 21 to drive with a BAC (blood alcohol content) of negligible levels of .01 or .02%.

Enhanced Penalties
In New York State, an enhanced blood alcohol content level is .18%. Because this is a particularly high BAC level and much higher than the legal limit of .08%, the penalties are more severe. If your BAC was .18% or higher at the time you were driving, you’ll likely face more jail time, stiffer fines and severe driver’s license restrictions.

What You Need to Know about New York’s Implied Consent Law
Like all other states, New York also has an Implied Consent law. As a holder of a New York state driver’s license, you have already give your consent to submit to a chemical test (blood, breath or urine) if asked by police. If you refuse to take a chemical test, your license will be suspended for 6 months to 1 year.

Administrative License Suspension
When you’re arrested for DWI in New York, you have two separate cases: one criminal, the other a hearing with the Department of Motor Vehicles. The DMV will seek to take away your driver’s license. For a first-time offense, your license is suspended for 90 days. Second and third offenses require a 6 month license suspension.

DWI Penalties
A judge can order an ignition interlock system to be installed in your car. Installed at your expense, this machine prevents you from starting your car until you breath into it alcohol-free.

For a second offense DWI in New York, the state can confiscate your vehicle. In order to get your vehicle back, you’ll have to pay heavy fines and administrative costs.

New York also requires that you take the mandatory alcohol education and assessment courses for a first-time DWI offense. This is a great way to avoid jail time and heavy fines if you successful complete the courses.


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New York Drunk Driving Laws