New York DUI Laws
New York DUI Laws
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New York DWI and DWAI Laws and Penalties
In New York, penalties are generally less severe for Alcohol-DWAI convictions than for DWI, Drug-DWAI, and Combination-DWAI convictions.
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New York’s Underage DWI Laws and Penalties
All New York drivers are subject to the state’s DWI and DWAI laws that prohibit driving while impaired by drugs or alcohol or with a blood alcohol concentration (BAC) of .08% or more. However, New York additionally has more strict impaired driving rules that apply to drivers who are under the age of 21.
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First DWI or DWAI Offense in New York
A first conviction for Alcohol-DWAI is a traffic infraction and the penalties imposed are generally less severe than those for other impaired driving convictions.
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Second DWI or DWAI Offense in New York
A second conviction for DWI, Drug-DWAI, or Combination-DWAI in New York within ten years carries a sentence of one to four years in prison and/or a fine of $1,000 to $5,000.
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Third DWI/DWAI Offense in New York
An Alcohol-DWAI conviction in New York is a misdemeanor if the defendant has been convicted of two or more impaired driving offenses within the preceding ten years. A third conviction within ten years for DWI per se, DWI, Drug-DWAI, or Combination-DWAI is a class D felony.
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If the defendant has two prior DWI, Aggravated-DWI, Drug-DWAI, or Combination-DWAI convictions within the past ten years, a third Aggravated-DWI is a Class D felony.
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What Is a Felony DWI in New York?
In New York, a DWI can be charged as a felony if the defendant has prior convictions or the current offense involves aggravating factors like injuries or fatalities.
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Implied Consent and Refusing a DWI Test Blood or Breath Test in New York
Impaired driving investigations typically involve the officer requesting that the suspect take a breath or blood test. Of course, the purpose of these tests is to determine blood alcohol content (BAC) or the amount of drugs in the suspect’s system.
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New York's Boating Under the Influence (BUI) Laws and Penalties
New York law prohibits operating a boat or other watercraft “propelled in whole or in part by mechanical power” while under the influence of drugs or alcohol.
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New York’s Open Container Law and Violation Penalties
In New York, it’s illegal to drink or possess open containers of alcoholic beverages in motor vehicles. The prohibition on possessing open containers of alcohol applies to both drivers and passengers. However, there are some exceptions allowing passengers to drink and possess open containers in certain circumstances.
