New York DUI First Offense

The acronym DUI stands for driving under the influence. DUI is another way of saying drunk driving.

The acronym DWI stands for driving while intoxicated in certain states, including New York. In the State of New York, an individual is considered to be driving while intoxicated if their blood alcohol concentration is at .08 or higher.

If an individual is facing DWI charges or has any questions regarding DWI laws in New York, they should consult with a local New York attorney.

What Substances Are Included in DUI Laws?

Substances that impair an individual’s ability to operate a motor vehicle safely can be regulated by the state. In addition, legal substances may be included in this category.

The legal substance that is most commonly included is alcohol. It is important to be aware that DUI charges may also include other substances, such as:

• Illicit or illegal contraband drugs, such as:
  • Heroin;
  • Cocaine;
  • PCP;
  • Other drugs;
• Marijuana;
• Prescription medication such as:
  • Painkillers;
  • Sleeping meds;
  • Muscle relaxers; and
• Over-the-counter medicines, including antihistamines such as Benadryl.

Individuals who are prescribed medications that warn them not to operate heavy machinery may be charged with DUI if they take these medications while driving.

How Do Police Test for Intoxication in a DUI Stop?

If a law enforcement officer suspects that an individual is intoxicated, they may administer field sobriety tests. During a traffic stop, law enforcement may perform one or more of the following tests to determine whether or not an individual is under the influence:

• Field sobriety tests;
• A chemical breath test;
• A blood or urine test.

A field sobriety test involves a driver stepping out of their vehicle and performing a series of activities that are designed to test their agility and balance. During these tests, a law enforcement officer observes a driver’s behavior and draws conclusions regarding their possible impairment.

Among the field sobriety tests that may be administered include:

• The one-leg stand;
• The walk and turn;
• The finger to the nose;
• Observing any odors of alcohol or other substances, for example, marijuana.

A chemical breath test may be conducted on-site or at a law enforcement station. A breathalyzer is a machine that is used to measure alcohol concentration.

A driver may also request a blood or urine test, as these tests are the most accurate. An individual is taken to a medical professional who collects a specimen to conduct these tests.

A laboratory will test the sample and determine the alcohol concentration level.

What Happens After a Drunk Driving Arrest?

Individuals who are arrested for drunk driving will be given a court date. An individual who is charged with a DUI or DWI can decide whether to challenge their arrest, take a plea deal, or go to trial.

In addition, there may be certain defenses available to use against the charges, including the following:

• The individual being arrested was not the driver of the vehicle;
• There was no probable cause to pull over the driver;
• The results of the test were unreliable or inaccurate;
• There was insufficient evidence to make an arrest.

The requirements for DUI offenses vary greatly. Law enforcement can arrest a driver who is intoxicated even if their car is in park.

Law enforcement may also be able to charge an individual with a DUI if they are in their car parked on the side of the road behind the wheel and their keys are in the ignition. There are many factors that determine whether a defendant is convicted of DUI or if the charges will be dismissed, including:

• The location of the individual who is intoxicated, for example, were they in the driver’s seat or passenger’s seat;
• Whether the individual is asleep or awake;
• The location of the car keys, for example, in the ignition, on the floor, in the individual’s pocket, etc.;
• Where the car is parked, such as in a parking lot, driveway, or side of the road.

If an individual is facing charges for a DWI or DUI, it may be in their best interest to consult a criminal defense attorney. A lawyer can help an individual decide the best path to take, whether any defenses are available, and what factors are applicable.

What Are the Penalties for a First-Time DUI Offense in New York?

An individual who is convicted of a first-time DUI or DWI offense in New York may lead to significant legal and criminal penalties, including:

• Fines of $500 minimum or $1,000 maximum;
• A minimum of 6 months driver’s license suspension;
  • In some cases, it may be greater than 1 year;
• Court surcharges;
• Misdemeanor charges.

In addition, a first-time DUI offender has to complete a Drinking Driver Program. After completing this program, a defendant may be granted a conditional license. Typically, they only have limited driving privileges, such as driving to and from work or school.

What Happens to My License After a DUI Stop?

After an individual has been arrested for a DUI, the state can suspend their driver’s license immediately, pending a court date. If a defendant is convicted of a DUI, they may face a longer suspension or even a revocation of their driver’s license, especially in cases where it is their second offense or if they have committed multiple offenses.

An individual’s driver’s license may be restricted by the following:

• Having the driver’s license restricted to driving for school or work purposes only;
• Complying with an ignition interlock device;
• Not being able to consume any alcohol or substance while driving, even if it is within the legal limit;
• Being prohibited from transporting children or other passengers;
• Not being allowed to drive a vehicle for pay, such as a taxi; or
• Revocation of a secondary license, including motorcycle or CDL licenses.

What Circumstances Can Make a DUI Penalty More Severe?

The penalties for a DUI may be increased in certain circumstances, including:

• The offender substantially exceeded the speed limit, such as by 20 or 30 miles;
• The offender was arrested with a very high blood alcohol level, such as 0.2%. This is often referred to as an aggravated DUI;
• The offender was engaged in drag racing;
• The offender refusing a DWI test, such as a breathalyzer test, at the scene of the crime;
• The offender damaged property; or
• The offender injured or killed someone;
  • A drunk driving offender who kills someone may face manslaughter charges.

What Other Penalties Are Drunk Driving Offenders Subject to?

If an individual is convicted of drug driving, they may be required to complete driver safety or driver education courses. A defendant may also be required to perform community service and to pay restitution to the victim.

Restitution is money that is paid to a victim for losses they have sustained resulting from an individual’s drunk driving.

What About Repeat DUI or DWI Offenses?

The penalties repeat DWI offenders in New York may face will be more severe with each subsequent charge. For example, a second conviction will result in:

• A $1,000 fine;
• A one-year driver’s license suspension;
• Up to four years in jail.

If an individual is convicted for a third time, they will face:

• A $2,000 fine;
• A possible 7-year prison sentence;
• A combination of both.

In the State of New York, it is a felony to be charged with a second or third DWI.

What Is an Aggravated DWI Charge?

Aggravated DWI charges in the State of New York may be filed if the driver has a blood alcohol level (BAC) of 0.18 or higher. The fines that are associated with this charge may be up to double the fines that are associated with a standard DWI case.

An individual may also face a mandatory year in jail as well as a one-year license revocation.

Should I Hire a DUI Lawyer?

If you are facing any DUI or DWI charges in the State of New York, it is essential to consult with a DUI lawyer in New York. If you are convicted of these violations, you may face serious criminal penalties.

A conviction for a misdemeanor or a felony may remain on an individual’s record for some time. Depending on the circumstances of your case, the penalties may be lowered.

Your attorney can advise you of the New York laws and what defenses may be available to you and will represent you in court. Your attorney can also negotiate with the prosecution to lower the charges against you or enter into a plea deal.