First Offense DUI/DWI in New York

In New York, it is a serious offense to operate a motor vehicle while under the influence of alcohol or other intoxicating substances. State law classifies such offenses as Driving While Intoxicated (DWI) or Driving While Ability Impaired (DWAI).

DWI and DWAI convictions may lead to severe penalties, such as a revoked driver's license, fines, or jail terms. Beyond these penalties, they also result in these consequences:

• Higher auto-insurance premiums.
• Remains permanently visible in criminal background checks.
• Lowers employment opportunities in certain industries.
• Affects child custody arrangements.

Penalties still apply even if the offender has no prior conviction. First-time DWI offenders may pay fines between $500 and $1,000 or serve a one-year term in jail.

Note: DWI and DWAIs pose a serious threat to lives, properties, and society. Such offenses can potentially ruin the lives of innocent parties and place enormous financial burdens on the government. Because of this, New York state law imposes harsh penalties to protect public safety and prevent such events.

What Qualifies as a First DUI/DWI in New York?

Per NY Veh & Traf L § 1192, it is a first DWI offense under these conditions:

• The offender has a blood alcohol content (BAC) greater than 0.08
• There are clear signs of intoxication due to other substances.
• The commercial driver has a BAC greater than 0.06.
• There are no previous convictions for the offense.

Personal drivers with less than 0.08 BAC may still face criminal charges if their driving ability is impaired. In such cases, arresting officers will charge the offender with a DWAI.

The BAC limit may vary based on the driver's age or driving type. Case in point: drivers under 21 years old with a BAC between 0.02 and 0.07 will face a violation charge under the Zero Tolerance Law. Unlike the DWI, this law leads to administrative penalties like license suspension.

The state law empowers officers to conduct chemical analysis of the suspected offender's blood, urine, breath, or saliva. Officers may also test the offender's body coordination through observation or field sobriety tests.

Note: The BAC is the blood alcohol concentration. It is used as a measurement of intoxication in DWI or DWAI cases.

Possible Penalties for a First Offense DUI/DWI in New York

Per the New York Department of Motor Vehicles, first-time DWI offenders may face these penalties:

• Mandatory fine between $500 and $1,000.
• Six-month driver's license suspension.
• Maximum one-year jail term.

The penalty may differ based on the circumstances of the crime. Persons convicted of aggravated DWI may face harsher penalties, such as a fine between $1,000 and $2,500 and a one-year license suspension.

Do You Lose Your License for a First DUI in New York?

Yes, you temporarily lose your license after being convicted as a first-time DWI offender in New York. The court may suspend your license for up to six months.

However, you can still apply for a conditional license, which enables you to drive to specific locations like work or school. Offenders can also challenge the license suspension through the preliminary hearing in court.

What Is the Implied Consent Law in New York, and How Does It Affect First DUI Cases?

Per the New York Vehicle and Traffic Law § 1194, persons who obtained a driver's license or drive in New York have already consented to a chemical test if suspected of a DWI or DWAI offense. Therefore, persons who refuse a chemical test may face the same penalty as those convicted of the offense. The penalties may include a $500 fine or a one-year license suspension. Note that second-time offenders who refuse chemical tests are likely to receive harsher penalties.

Is an Ignition Interlock Device Required for a First DUI Offense in New York?

Yes. New York is one of nine states requiring first-time DUI offenders to install an ignition interlock device (IID). The IID is a device installed in vehicles that prevents them from starting if the driver's BAC is above a specified limit.

The court will order a convicted DWI or DWAI offender to install an IID in their vehicle for a year. However, the court can grant the removal of the device if the driver provides proof of installing the device for more than six months.

In New York, the offender is responsible for all costs required to install, maintain, and remove the IID. While the vendor mostly determines the costs, the offender could pay up to $200 for installation and removal and $100 for monthly maintenance.

If you are unable to pay, you may request a fee waiver by filling out and submitting a Financial Disclosure Form to the court that passed the conviction. You must apply for the waiver within 10 days of the conviction. Upon reviewing your request, the court may decide to waive the installation or maintenance cost.

Can a First DUI Be Dismissed or Reduced in New York?

Yes, you can successfully petition for a dismissal or reduced charge for a DWI offense. First, you may negotiate a plea deal with the prosecutor to reduce the charges to a DWAI, which has relatively less severe penalties. You can also ask the court to dismiss the case under these conditions:

• There was no probable cause for the arresting officer to stop your vehicle. Officers are only required to stop a vehicle if there's sufficient evidence that the driver violated traffic laws. The court may suppress the evidence (chemical or physical tests) if the officer is unable to provide proof of probable cause.
• The officer did not follow the required procedure to conduct a breath analyzer test. For instance, arresting officers are required to ensure the offender's mouth is free of any substance before conducting the test.
• The arresting officer was unable to prove that you were operating the vehicle. DWI charges do not apply if the suspected offender was in a stationary vehicle.

The state courts may offer alternative sentences to first-time DWI offenders. These sentences may include drug and substance rehabilitation programs or community services.

Long-Term Consequences of a First DUI/DWI

First-time DWI charges may have lasting consequences on the record subject's life. The situation is worsened by the fact that there are no expungement laws for these offenses. This means they will remain a part of your background checks until you petition the court to seal them.

DWI can affect future job applications to safety- or security-conscious industries. In such industries, employers often conduct background searches on prospective employees.

DWIs also increase your auto insurance premiums since you are now classified as a high-risk driver. The rates may double, depending on the severity of the offense.

Do You Need a DUI Attorney in New York?

Yes, DWI cases are quite complex, and you need to hire a DWI attorney to easily navigate them. The attorney can help you to present a solid case by challenging the evidence and negotiating for lesser penalties. Note that the preferred attorney must have a proven track record, specifically in DWI cases.