DUI Law in New York

What is ‘legally drunk’ in New York

In New York, it is illegal for drivers under the age of 21 years to drink alcohol, as a result they are considered to be legally drunk when their blood alcohol level is more than .01. Non-commercial drivers above 21 years are legally drunk if their blood alcohol level is more than .08. For commercial vehicle drivers, they are legally drunk if their blood alcohol level is more than .04.

New York Drunk Driving Penalties

For first time DUI offenders in New York, they face different penalties depending with if their BAC level was between .08 to .18, or more than .18.

For offenders whose BAC level measured between .08 and .18, they face:

• A prison sentence not exceeding one year
• A fine ranging from $500 to $1,000
• The revocation period for the offender’s driver’s license is at least 6 months

 
For offenders with a BAC level measuring more than .18, they face:

• A prison sentence of up to one year
• A fine not less than $1,000
• The revocation period for the offender’s driver’s license is at least 1 year
• The offender will be placed on probation
• During probation the offender must equip all the vehicles he/she uses with an ignition interlock device

 
For second Dui offenders within 10 years of the first conviction, they face:

• A prison sentence not exceeding 4 years
• A fine ranging from $1,000 to $5,000
• The revocation period for the offender’s driver’s license is at least 1 year. however, if the first conviction the offender had a BAC level measuring more than .18, the revocation must be more than 18 months

 
For fourth and subsequent offenders within 10 years of their first offence, they face:

• A prison sentence of up to 7 years
• A fine ranging from $2,000 to $10,000
• Depending on the circumstances of the previous violations, the offenders driver’s license may be revoked for life

The Point System in New York

The New York Department of Motor Vehicles uses the point system to identify and take action against high risk drivers.  Accumulating to many points can lead to the DMV suspending or revoking your license. 11 points in an 18-month period your driver license may be suspended.