New York Driving Under Influence Lawyer, New York Driving Under Influence Attorney

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Blood Alcohol Concentration

0.08

Suspension of licence for administravtive reasons after first offense?

until end of prosecution

Can driving priviledges be restored during suspension?

yes

Penalties include forfeiture or ignition interlock?

yes/yes

"Open Container" laws

driver/passenger

New York Driving While Impaired/Intoxicated Law

In common with many other States, a DWI arrest in New York will lead to two cases being brought against the defendant, a criminal case and a Department of Motor Vehicles case. If you have been arrested for DWI in New York, you have limited time in order to apply for a hearing at the Department of Motor Vehicles in order to retain your driver's license. It is therefore essential that you contact a New York DWI lawyer as soon as possible.

Charges for DWI in New York can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08% or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DWI lawyer will be able to handle each of these situations. If your BAC is recorded as being over 0.15% you will face stiffer penalties under the more serious charge Driving While Intoxicated. Under 21's have a reduced BAC limit of 0.02%.

New York law allows you to contact a lawyer prior to taking a blood or breath test; however the arresting officer is under no obligation to wait for your lawyer to be present to actually administer the test.

Conviction Punishment
Driving While Impaired Considered a “traffic infraction” and thus not a criminal act. Penalties include a minimum fine of $300 up to $500, a maximum of 15 days in jail. 90 suspension of license.
Second Driving While Impaired Fine between $500 up to $750, 30 days in jail. 6 month license suspension.
Driving While Impaired - misdemeanor Minimum fine $750 up to a maximum of $1500, up to 180 days in jail. 6 month license suspension
Driving While Intoxicated - misdemeanor Fine of between $500 and $1000, up to 1 year in prison, 6 month license suspension.
Driving While Intoxicated - Felony Fine between $1000 up to $5000, prison term between 1 year 3 months and 4 years, possible 5 year probation, revocation of license and attendance at a DWI School.

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Contact your Albany DUI lawyer