New York DUI Law & Lawyers: DUI-Web

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Like most states, an arrest for DWI in New York will trigger two separate cases. The first case is the criminal court case in which you can be subject to various penalties including mandatory alcohol rehabilitation classes, community service, license suspensions and even jail time. The second case is against the New York Department of Motor Vehicles (DMV). The sole issue with the case against the New York DMV is your privilege to drive. It is quite possible to have the criminal case dismissed and still lose your license by losing the case against the New York DMV. The case against the New York DMV is civil in nature and has a lesser burden of proof than the criminal case.

The various charges for DWI in New York are as follows:

· DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication
· DWAI: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
· DWAI / Drugs: Driving While Ability Impaired (by a drug that is not alcohol). .
· Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.
· Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge will have their driver license revoked for one year and must pay a $750 civil penalty to apply for a new driver license

The prosecution can bring the charges under two separate theories. The first theory is the "per se" theory. Under the "per se" theory the prosecution bears the burden of proving that you were operating your vehicle with a blood-alcohol concentration of .08% or higher. Evidence of your inability to operate your vehicle in a safe manner is not necessary for your conviction under this theory and it is possible to be convicted of a DWI even though your consumption of alcohol did not negatively affect your ability to drive.

The second theory is the "under the influence " theory. The prosecution bears the burden of proving that due to the consumption of alcohol your mental and physical skills were negatively impaired and as a result you were unsafe to drive. Typically, evidence presented will include the arresting officer's testimony regarding your performance on the field sobriety tests, your physical appearance and driving pattern and possibly the testimony of eyewitnesses.

If this was your first conviction for DWI the mandatory fine is between $500 and $1000; the maximum jail term is one year; and the mandatory driver's license revocation is for at least six months.

If this was your second DWI violation in 10 years you could be charged with a Class E felony; the mandatory fine is between $1000 and $5,000; the maximum jail term is four years and your driver's license will be revoked for at least one year.

If this was your third DWI conviction in 10 years you'll be charged with a class D felony. The mandatory fine is between $2000 and $10,000; the maximum jail sentence is seven years and your driver’s license will be revoked for at least one year.

If you were charged with a DWAI and this was your first offense you will be subjected to a mandatory fine of between $300 and $500; the maximum jail sentence is 15 days and your driver's license will be suspended for 90 days.

If you were charged with a second DWAI within five years the mandatory fine is between $500 and $750; the maximum jail sentence is 30 days and your license will be revoked for at least six months.