Driving While Intoxicated Classifications In New York State



    Man blowing into breathalyzerDrunk driving, driving while intoxicated is divided. Its divided based on what your blood alcohol content is, if you are at a 0/0, and you have a .25, that is a very high reading. If you’re at a 0/0 as your baseline, and you have a .08 or greater, that is DWI per say.  If your reading is from .08 to .18, 18, that’s aggravated DWI; additional penalties, additional loss of license, additional fines, additional potential jail.

    If you have a .00 to .07 that is presumed to be driving while impaired, not a crime; it is just a traffic infraction. But, if you’re under 21-years-old, there is a zero tolerance policy. If you have any alcohol in your system that would be, per say, under 21 violations. If you’re under 21 and you have greater than a .025, you could be prosecuted as a crime; instead of by the DMV. The level of the blood alcohol content will decide what the penalties and crimes could be.

    The convictions for driving while intoxicated in the State of New York are serious and can land you up to 15 days in jail or a minimum fine of $300, and that is what you would receive if you were driving while impaired by alcohol (0.05-0.07.) If it is your first offense of being convicted of aggravated DWI, (0.18+), you can receive a fine anywhere between $1,000 and $2,500 or spend up to one year in jail.

    In addition to a breathalyzer test, police officers will perform field sobriety tests to determine whether or not a case can be built against you when you are suspected of driving while intoxicated. In the event that you are pulled over and are arrested for suspicion of driving while intoxicated, seek legal counsel with an experienced attorney to discuss your particular case.

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