Driving While Intoxicated (DWI) carries significant penalties in New York. The severity of these penalties depends on factors like your blood alcohol concentration (BAC), any prior offenses, and the presence of any aggravating circumstances. Please continue reading to learn the potential penalties you can face for a first offense DUI in New York, and how an experienced Nassau County First Offense DWI Attorney can help fight for the best possible outcome.      

What Are New York’s DWI Laws?   

First and foremost, it’s crucial to understand that drinking while driving is strictly prohibited in New York. Motorists in New York can be charged with DWI if they have a BAC of: 

  • 0.08% for drivers 21 years of age or older. 
  • 0.04% if you’re operating a commercial motor vehicle. 
  • 0.02% for drivers under the age of 21. 

If this is your first offense, it’s in your best interest to enlist the help of an attorney at KCS Law. Securing qualified counsel is crucial to achieving the most favorable outcome possible. 

It should be noted that by operating a motor vehicle in New York, you consent to submit to chemical testing, whether it’s breath, blood, or urine. If you refuse to submit to chemical testing, it will result in a mandatory one-year license revocation and a hefty fine. 

What Are the Consequences of a First Offense DWI? 

DWI is harshly penalized in New York. If you’re younger than 21 and have a BAC of 0.02% or higher, you violate New York’s Zero Tolerance Law. The penalties for a first offense DWI under age 21 include: 

  • Your driver’s license will be suspended for six months 
  • A $125 civil penalty
  • A $100 fee for a driver’s license suspension
  • You may be required to enroll in the NY Impaired Driver Program (IDP) and pay associated fees
  • You may have to install an ignition interlock device (IID) and pay associated fees
  • A Driver Responsibility Assessment (DRA) fee of $250 per year for three years (adds up to $750)

If you refuse to submit to chemical testing, you could face additional penalties, including: 

  • A $300 fine 
  • Your driver’s license will be suspended for a year
  • A $100 fee to restore your license 
  • A $250 annual assessment fee for three years

If you’re over 21 and this is your first offense DWI, you could face the following penalties: 

  • Your driver’s license will be suspended for a minimum of six months
  • Potential fines ranging from $500 to $1,000
  • Potential time behind bars for up to one year
  • Requires IID installation for at least six months
  • DRA fee of $250 annually 
  • A New York State surcharge

If you refuse chemical testing, it could result in a driver’s license suspension for up to a year (18 months for commercial drivers) and a fine of $500 ($550 for commercial drivers). Additionally, driving drunk with a child under 16 is a Class E felony, which is punishable by up to 4 years behind bars. 

For guidance and skilled representation, please don’t hesitate to contact KCS Law.