First Offender Penalties In New York State:
First offense is a misdemeanor and will result in a criminal record.
If convicted of misdemeanor DWI, you will have your license revoked for a minimum of six months.
Mandatory fine of $500 to $1000.
Surcharges are added to misdemeanors ($160).
Maximum penalty = one year in the local county jail.
Operators with commercial licenses or operating commercial vehicles face stiffer penalties.
The highest blood alcohol level possible to still drive is a .04 % BAC. When you hit .05 percent you're driving while impaired. When you hit .08 percent you're driving while intoxicated. A DWI conviction depends on a test of your BAC under Section 1192(2).
Arrest for "Driving While Impaired" (.05 to .07% BAC) usually results in a $300 - $500 fine, a 90 day license suspension, and a maximum of 15 days in county jail.
Just sitting behind the wheel of a running vehicle can constitute "driving" or "operating" a vehicle.
Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC gets $125 civil penalty. License is suspended for 6 months, with a $100 fee to terminate suspension.
A serious personal injury or a death will result in suspension of your privilege.
License can be suspended immediately for any refusal to submit to a breath test. (VTL Section 1194. 2). Suspension is possible.
If the Administrative Law Judge finds (as they almost always do) that the refusal was made even though the police officer informed him/her that it would result in a license suspension, the judge can and will revoke the license for a period of at least 6 months, plus a $300 civil penalty. In such a case, your license will be suspended pending a DMV hearing, which must be held within 15 days.
First offense is a misdemeanor and will result in a criminal record.
If convicted of misdemeanor DWI, you will have your license revoked for a minimum of six months.
Mandatory fine of $500 to $1000.
Surcharges are added to misdemeanors ($160).
Maximum penalty = one year in the local county jail.
Operators with commercial licenses or operating commercial vehicles face stiffer penalties.
The highest blood alcohol level possible to still drive is a .04 % BAC. When you hit .05 percent you're driving while impaired. When you hit .08 percent you're driving while intoxicated. A DWI conviction depends on a test of your BAC under Section 1192(2).
Arrest for "Driving While Impaired" (.05 to .07% BAC) usually results in a $300 -
Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC gets $125 civil penalty. License is suspended for 6 months, with a $100 fee to terminate suspension.
A serious personal injury or a death will result in suspension of your privilege.
License can be suspended immediately for any refusal to submit to a breath test. (VTL Section 1194. 2). Suspension is possible.
If the Administrative Law Judge finds (as they almost always do) that the refusal was made even though the police officer informed him/her that it would result in a license suspension, the judge can and will revoke the license for a period of at least 6 months, plus a $300 civil penalty. In such a case, your license will be suspended pending a DMV hearing, which must be held within 15 days.