Legal Guide

DUI Laws in New York

Drunk driving fatalities are a severe epidemic in New York. In fact, the New York Department of Motor Vehicles suggests that around 34% of every accident are caused by drunk drivers.

While these shocking New York drunk driving facts are enough to curb many individuals from the risky habit, accidents still happen. Fortunately, some laws punish individuals who require more than simple reminders that driving under the influence of alcohol and drugs is a fatal mistake.

Charging Laws in NY

New York has several laws, which might make determining who to charge for DUI cases tricky. For example, New York is referred to as a no-fault state. This is basically used when it comes to insurance, and it might mean that some situations might lead to an assumption that no one is at fault.

When it comes to DUI cases, several laws are forced in NY. The laws differ in severity, but each covers the same actions by drivers. While you can differentiate other criminal offenses by a degree of crimes, you may distinguish DUI charges by different names.

BAC Tests

 If you blow a 0.08% BAC or more, you can be charged with DUI, which is typically similar to an ‘A’ misdemeanor. In New York, there are three major types of misdemeanors. They include unclassified misdemeanor, B misdemeanor, and A misdemeanor.

All of these are regarded as criminal offenses. If you are charged with DUI, you will face criminal charges. Whether you refused a urine/blood test or a subsequent roadside breath test in the police station, you must understand all the consequences you can face.

However, regardless of the implied consent laws, you cannot be forced to go through BAC testing against your will. An exception only applies in a case involving the death or injury of another individual.

DUI Effects on the Future and Present Employment

If you face DUI charges, it is vital to remember that a conviction can affect you legally, have a massive impact on your driving privileges, and impact your future and present employment prospects. It might seem unfair, though employers usually consider your reputation, legalities, and liability.

Plus, any DUI conviction can lead to losing a driver’s license for around six months or so. If your existing job needs a valid license, particularly for driving reasons, your employers will unlikely retain you on the payroll unless they sympathize with you.

Penalties Involved for People Under 21

Similar to most states, New York regard DUI as a different crime. If your BAC is equal to or more than 0.08%, you will be charged. If the person is less than 21 years old, the sentence might include a license renovation for a year or so, fines, and civil penalties.

In both situations, fines and suspensions might be increased if the individual has a commercial driver’s license or refused a chemical test.

Closing Remarks!

Drugs and alcohol-related driving charges, such as DUI, are serious traffic crimes you can face. Navigating through complex terrains of DUI laws could be challenging. This is why it is necessary to consult an attorney for legal support.


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