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Penalty For DUI and DWI Offence In New York

A first DUI offence (also known as a DWI) is a misdemeanour, in most circumstances, under the State Law.

However, the crime escalates to a felony if the crime is repeated within the period of 5 years from the time the first conviction occurred.

It’s a more serious felony, in New York if the person’s convicted for the third time, within 10 years of first conviction.

DUI is no small crime in New York. If you’re busted for drinking and driving in the State, you’re expected to face serious penalties, and that’s why it’s important for you to be educated about the New York DUI Laws.

Penalties for New York DWI

New York counts driving while ability impaired by alcohol (DWAI) and driving under the influence (DUI) as different crimes, just like some other states. DWAI occurs when your driving is affected negatively by alcohol intake, but the alcohol content in your blood is below .08 percent. While DUI is when the alcohol content in your blood is above .08 percent.

DUI is a more serious crime than a DWAI and has more penalties in New York. Although, you may still face jail time and hefty fines if you break DWAI laws.

The penalties for a first-time DWAI offence in New York include:

  • A fine ranging from $300 to $500
  • Jail sentence of up to 15 days
  • 90-day driver’s license suspension
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A second DWAI offence carries more serious penalties. They include:

  • A fine ranging from $500 to $750
  • Jail sentence of up to 30 days
  • Six-month driver’s license revocation minimum

Finally, a third offence within 10 years is a misdemeanour and carries even more serious penalties:

  • A fine ranging from $750 to $1,500
  • Jail sentence of up to 180 days
  • One-year driver’s license revocation minimum

New York DUI Penalties

You’ll be charged with committing a new york DUI if the alcohol content in your blood equal’s to or greater than .08 percent but less than .18 percent .

The first New York DUI conviction is a misdemeanour and entails the following penalties:

  • A fine of $500 to $1,000
  • Up to a year in jail
  • Six-month license revocation minimum

If you commit DUI again within 10 years of your first conviction (which New York DUI law considers a class E felony), you will be subject to more serious penalties, such as:

  • Fines of $1,000 to $5,000
  • Up to four years in jail with a minimum sentence of five days or 30 days of community service
  • One-year driver’s license revocation minimum
  • Installation of an ignition interlock device

If you commit a New York DUI for a third time within five years, you will be guilty of committing a class D felony and may face the following penalties:

  • Fines ranging from $2,000 to $10,000
  • Up to seven years in jail with a minimum of 10 days or 60 days of community service
  • One-year driver’s license revocation minimum with the possibility of permanent revocation
  • Installation of an ignition interlock device
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New York DUI Penalties for Aggravated DUI

If you are caught driving in New York and the content of alcohol in your blood is .18 or higher, you will be charged with aggravated DUI. Aggravated DUI has many of the same penalties as non-aggravated DUI. The main difference in penalty is the duration of the driver’s license revocations.

Specifically, the first time you commit aggravated DUI in New York, you may have your license revoked for a minimum of a year. For both your second and third offences, you face having your license revoked for a minimum of 18 months. With your third offence, if it occurred within 10 years of your other offences, you risk losing your license permanently.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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