Search Site
Menu

Penalties in New York for drunk driving

While consuming alcohol until one become intoxicated is not a crime for those of legal age, it is a crime when a person decides to get behind the wheel of a vehicle no matter his or her age. Being accused of drunk driving is not like being issued a speeding ticket. It means going through tests on the side of the road, being taken into custody, going through intake and being charged with a DUI. A DUI charge in the state of New York and elsewhere means facing penalties such as fines, license suspension and sometimes even jail time.

Intoxication is not based on the number of drinks but rather other individual factors. The accused could be considered intoxicated because of the amount of alcohol consumed, the amount of food consumed before and during the consumption of alcohol, the length of time they drank, their weight and their gender. Thus, a skinny female that drank 2 drinks in an hour on an empty stomach could be just as intoxicated as a large man that drank 5 drinks in an hour on a full stomach.

A person’s blood alcohol content or BAC helps establish whether a person is over the legal limit. For a drunk driving charge, this means 0.08 of higher. For commercial drivers, this threshold is reduced to 0.04. A BAC reading of 0.18 or higher could be charged with aggravated drunk driving. A first drunk driving charge in New York could result in a penalty of a fine ranging between $500-$1,000, up to a year in jail and six months of license suspension. For an aggravated drunk driving charge, this could cause a person to face a fine of $1,000-$2,500, up to a year in jail and a year license suspension.

The aftermath of a drunk driving charge can be significant. Being able to drive to work, school and other places is necessary in our daily life. Losing this privilege can cause issues and even the ability to maintain a job. Even more so, the penalties associated can be serious, making it important to consider defense methods that could help to reduce or avoid these consequences

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam Staier Attorney Photo
Adam Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    Great Service,

    Read more

    Syed Atiq Home Market

  • google
    5.0/5.0

    Outstanding law practice. Jim Riotto has amazing experience and works extremely hard for his clients! If you need any legal advice or help definitely call James Riotto.

    Read more

    William Powers

  • google
    5.0/5.0

    I was on vacation with my family in New York, and unfortunately received a speeding citation in Steuben County. Having worked as a criminal paralegal for 20+ years in North Carolina, I was immediately put at ease when I contacted The Law Office of Ja...

    Read more

    Jennifer Ledford

  • lawyers
    5.0/5.0

    The professionalism, responsiveness and determination displayed by Mr. James L. Riotto during my prolonged legal matter was extremely reassuring and greatly appreciated. My options were presented to me in a clear and understandable manner. All questi...

    Read more

    Client

  • google
    5.0/5.0

    After being told personally by a prominent local attorney that there was nothing that he could do about my legal matter I reached out to the office of James L. Riotto. Not only did they deliver on everything I asked of them, the cost was half of what...

    Read more

    Jonathan Huyck

See all reviews
Contact us

Quick Contact Form