Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « New York DUI/DWI Penalties
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- Laws requirement for suspected DUI drivers to concede to breath, blood, or urine testing is knows as “implied consent laws”. Refusal for carries penalties, which include mandatory suspension of driving license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in New York will be driving any motor vehicle with blood alcohol concentration (BAC) above than 0.08 percent will be measured “per se intoxicated” under the law. According to this law, that is all, which is needed for a driver to be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
All states zero tolerance laws mainly focus on drivers not of legal drinking age. The drivers under the age of 21 years operating any motor vehicle with blood alcohol level 0.02 percent or above will be subject to DUI penalties in New York.
Enhanced Penalty Blood Alcohol Concentration
Some states are having harsh punishments for DUI convicted persons that are having high blood alcohol concentration at the time of arrest; that is typically 0.15 percent to 0.20 percent above the legal limit. These enhanced penalty laws are not utilized in New York.
Administrative License Suspension/Revocation Penalties
These are minimum mandatory penalties imposed on drivers that have blood alcohol concentration above 0.08 percent or they will be subject to implied consent laws for refusing to submit to breath, blood or urine test for blood alcohol content.
These penalties include suspension of revocation (permanently or temporarily” of driving license by the Department of Motor Vehicles (DMV). For first DUI offense in New York, mandatory suspension of driving license is for 90 days; for second offense, one year; and for third offense its up to three years.
Vehicle Confiscation
Vehicle confiscation penalty for DUI offenders permanently or temporarily can be applicable in some states usually for repeat offenders while in New York it’s not applicable.
Ignition Interlock
Ignition interlock is a device, which is attached with the vehicle of DUI, convicted person so that the driver submits to breath test before starting the vehicle. This penalty for DUI is a chance in some states while in New York this is not an option.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol teaching and prevention program, alcohol abuse treatment, and assessment of a person for possible drug or alcohol dependency can be required in New York. Such steps are often taken instead of harsh punishments like imprisonment and paying fines.
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