Administrative and criminal penalties for first time offenders in New York may vary depending on the blood alcohol content (BAC) and other circumstances such as the age of the driver, whether a minor is present, and whether the driver is categorized as “commercial. Typically, punishment increases for drivers with a BAC of .18 or higher.
A third offense DUI in New York, sometimes referred to as a DWI or Driving While Impaired charge can be very serious and costly. As in all states any BAC or blood alcohol concentration of over 0.08 is considered legally intoxicated and significantly higher penalties occur if you are significantly over this limit or if involved in an accident.
If you’re arrested for DWI (driving while intoxicated) in New York, you can be charged with “aggravated DWI”—a more serious offense carrying greater penalties—if your case involves certain aggravating factors.
Sobriety checkpoints are legal in New York (see 473 N.E.2d 1 (N.Y. 1984)). These checkpoints (also referred to as "mobile checkpoints" or "roadblocks") are police traffic stops that are not tied to any specific or individual suspicions.
In many states, it’s possible for a person who’s charged with driving under the influence (DUI) to "plea bargain" for a lesser charge. The term “wet reckless” refers to a plea bargain where a DUI is reduced to a reckless driving charge. New York, however, severely limits plea bargaining in DUI cases. For most New York DUI defendants pleading to a wet reckless isn’t an option.