New York DWI Laws
Each state has it's own drunken driving laws on the books. While the blood alcohol content (BAC) levels are all .08, the punishments vary widely.
And penalties are a lot like real estate values -- it all comes down to location, location, location.
Georgia has mandatory jail time for first offenders. California does not. And in Wisconsin, a first-offense drunken driving isn't even a crime -- it's a civil infraction.
This chart lays out the basics of New York DWI law:
New York DWI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent
|"Per Se" BAC Limit||0.08 Percent|
|Zero Tolerance (Underage) BAC Limit||0.02 Percent|
|Enhanced Penalty (Aggravated) BAC Limit||0.18 Percent|
|Implied Consent to Submit to BAC Test?||Yes|
New York DWI Laws: Select Penalties
|Minimum License Suspension or Revocation (1st, 2nd, 3rd offense)||90 days, 6 months, 6 months|
|Mandatory Alcohol Education, Assessment and Treatment||Both|
|Vehicle Confiscation Possible?||Yes|
|Ignition Interlock Device Possible?||Yes|
New York DWI Resources:
- New York DWI Statutes: Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs (NY VTL Article 31).
- Alcohol and Drug Driving Violations - Answers to frequently asked questions about New York DWI laws (NY DMV).
- Leandra's Law with Ignition Interlock Requirement - Information about New York's IID program (NY DMV).
- Drinking Driver Program - Guide to New York's alcohol and drug rehabilitation program (PDF, NY DMV).
- You and the Drinking Driving Laws - Overview of New York's DWI laws (PDF, NY DMV).
Consult an Experienced DUI Attorney
If you or a loved one are arrested for DUI, you may need an experienced DUI lawyer. A skilled attorney who specializes in defending DUI cases will evaluate all the evidence, including the procedure and results of any field sobriety and chemical tests, to ensure that your legal rights are protected. Plus it's important to speak to a lawyer familiar with New York's DUI laws. Most offer free consultations, so your first step should be to contact an experienced DUI attorney.