First DUI Offense Penalties in New York

New York is one of the higher-ranking states for DUI laws, according to Mothers Against Drunk Driving (MADD). The state is rated four out of a possible five stars, with MADD hoping it improves its no-refusal legislation to earn the coveted 5-star rating. While seeing some improvement, overall New York seems to be holding steady in overall alcohol related accidents and fatalities in recent years.

New York DUI by the Numbers (based on 2012 overall numbers)

From 2002 to 2012, New York realized a 1.6 percent drop in alcohol related fatalities. The real improvement in this category was the under 21 age category, as the state saw an impressive 35.6 percent improvement.

While 2012 had 344 alcohol related fatalities, that number rose to 387 in 2013. Almost 45 percent of those fatalities were a sober driver in another vehicle, pedestrian, passenger, or cyclist. Unlike many other states, a significant portion of the fatal crashes in New York involved a driver with a blood alcohol content (BAC) between .08 and .14 percent (41.7 percent).

DUI First Offense Penalties in New York

At this time, first time offenders are not required to have an ignition interlock device (IID) installed on their vehicle. However, this is mandatory for second and third time offenders. All first year DUI in New York offenses are listed below, but please note these fines and penalties are significantly escalated for repeat offenders.

  • Jail – up to one year
  • License Suspension – minimum revocation of six months
  • Monetary Fines – as little as $500 but no more than $1,000

New York is an implied consent state. By refusing to take the chemical tests, the driver will have a forced one-year suspension regardless of the outcome of his or her case.

Should You Hire a DUI Attorney if Arrested and Charged in New York?

As we briefly touched on above, the fines and penalties go up significantly in New York. Because the state is an implied consent state, many drivers will automatically take the chemical tests and hope their attorney can find some type of mistake or “hole” in the prosecutor’s case. With wet reckless off the table in this state and escalating fines, it is virtually mandatory that anyone arrested in New York for DUI hire a DUI Attorney. FightDUICharges.com is the perfect place to start for all first time DUI offenders in New York. This site offers a free case evaluation, more state specific information, and listings for local DUI attorneys.

Taryn J. White

About Taryn J. White

Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.

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