Whether you call it the Empire State or the Big Apple, it’s home. But when you face DWI charges in New York State, it suddenly doesn’t feel like home, does it? That’s because after your arrest, you will face two separate cases. The first case is in criminal court; the second is with the NYS DMV. You must request a hearing with the DMV within 15 days of your arrest, or you will lose your license for 6 months.
You can be DWI if you violate the “per se” law of driving with a blood alcohol content greater than .08% or under the “common law” of driving while impaired. New York DWI law is unique because it gives all motorists a qualified right to consult with a DWI lawyer before deciding whether to take or refuse the chemical test. It is "qualified" because those arrested have a right to call and obtain advice from a DWI lawyer, but the police do not have to wait for the lawyer’s arrival.
New York DWI Penalties
You may be required to spend 15 days to 1 year in county jail for a first offense. You will be fined between $500 and $1,000 and may be put on probation. Other penalties you may face are: community service, loss of job, vehicle impoundment, ignition interlock, restricted travel, alcohol treatment and insurance coverage complications.
New York and Your BAC
BAC is your blood alcohol content. If you’re over .08%, you are DWI in New York. You will be asked to submit to a chemical test: blood, breath or urine. Breath tests are usually done because they can be done on scene. However, they can be inaccurate. Blood tests are regarded as most accurate, but must be done at hospital by qualified medical professionals.
Field Sobriety Tests
What are FSTs? These tests are given by police right on scene. The most common are the HGN (horizontal gaze nystagmus) where you follow an object with your eye, the one leg stand and the walk and turn. As you may have guessed, the latter two test your balance and coordination.
Ignition Interlock
This device is installed in your car at your expense. It will not start until you blow into the machine and it doesn’t detect alcohol on your breath.
Zero Tolerance
If you are under 21 years of age and drive with a .02 BAC to .07 BAC, you will get a $125 civil penalty. Your license is suspended for 6 months, with a $100 fee to terminate suspension.
Hire an Experienced DWI lawyer:
While all of this sounds scary, there is hope. New York has some of the best in the business, but make sure you find a lawyer who specializes in DUI.