DUI convictions in New York come with harsh penalties, including potential jail time.
There are many negative impacts connected to a driving under the influence, or DUI, conviction. The increase in insurance premiums and social stigma tied to a criminal conviction are likely well known, but many may be unaware of the high monetary penalties and potential jail time for a first time DUI conviction in New York.
DUI in New York: Penalties
It is illegal to operate a vehicle in New York with a blood alcohol content, or BAC, at or above 0.08. Criminal penalties for a DUI in New York are harsh. Even a first conviction can lead to a minimum driver's license suspension of 90 days, mandatory alcohol education, assessment and treatment as well as possible vehicle confiscation and use of an ignition interlock device. A conviction can also lead to up to one year of prison time for a first offense, four years for a second.
DUI in New York: Cost
A monetary fine is also applied. The New York State Department of Motor Vehicles states that a first time conviction comes with a mandatory fine of $500 to $1,000. An aggravated driving while intoxicated conviction, or AGG DWI, applies if the BAC limit is at or above 0.19 percent. This conviction comes with a mandatory fine that ranges from $1,000 to $2,500. In some cases, a DWI could be negotiated to a lesser charge of driving while ability impaired by alcohol, or DWAI. This conviction would come with a fine that ranges from $300 to $500.
In addition to these criminal penalties, additional costs also apply. Generally, after a DUI stop the driver's vehicle is towed. The driver is then responsible for the towing expenses and the costs associated with the mandatory 12 hour storage hold. The driver may also have to pay for bail and civil penalties as well as DMV assessment fees that can cost $250 per year and may be required for three years after the conviction.
DUI in New York: Legal counsel can help
These are just a few of the penalties and costs that can be connected to a drunk driving conviction in New York. It is important for those facing these charges to be aware of the fact that defenses are available. These defenses can include a careful review of the procedure used by the arresting officer. If proper protocol was not followed, the charges could be dismissed. As a result, it is wise to seek the counsel of an experienced DUI defense lawyer. This legal professional will review the details of your case, working to better ensure a more favorable outcome.
Keywords: criminal law