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Understanding New York drunk driving laws and penalties

The penalties and consequences for drunk driving in New York are serious and those who have been accused of it should be familiar with them. The legal limit for one's blood alcohol content level in New York is 0.08 percent. In addition, New York has a zero-tolerance policy concerning underage drinking, meaning that anyone under the age of 21 will be charged with drunk driving if their BAC is above 0.02 percent.

Drunk driving charges carry both administrative and criminal penalties. For a first offense of driving while intoxicated in New York, the accused faces a minimum driver's license suspension or revocation of six months; for a second DWI offense in New York, the accused individual faces a one-year minimum driver's license suspension or revocation; and, for a third DWI offense in New York, the accused individual faces a six-year minimum driver's license suspension or revocation.

A mandatory alcohol education, assessment and treatment program may be required in addition to the installation of an ignition interlock device. Jail time is also a possibility for those accused of drunk driving in New York. Because accused individuals face a variety of potential penalties and consequences following a DWI charge, it is important for them to understand the criminal defense options available.

It is important to examine all police conduct and procedures and ensure they were followed during a police stop. Knowing how to form a strong criminal defense strategy in response to DWI charges is important to help preserve the future and freedom of the accused individual.

Source: FindLaw, "New York DWI Laws," Accessed April 1, 2018

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