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Your email address will not be published.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.

  • 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

    This is the best and only law firm I would recommend you to call! Our family has had a very difficult year. My daughter had been dealing with my recent health diagnose and had been extremely distracted in many areas of her life. That being said she h...

    Read more

    Elaine

  • google
    5.0/5.0

    Mr Riotto's office represented my case in a distant county, they were professional, courteous, and delivered as promised.

    Read more

    Gaby Razzouk

  • google
    5.0/5.0

    Shawn and other members of the office helped me to get a huge reduction on my speeding ticket. I went from an 8 point violation down to a minor fine. They answered all my questions and were very responsive and professional. I highly recommend them!

    Read more

    Rachel Nash

  • google
    5.0/5.0

    Mr. Riotto is absolutely awesome! You won't regret hiring him as your attorney on traffic related matters. The first time I contacted his office, Destinee answered the phone with a warm attitude, showing care and respect. She sent a follow-up email r...

    Read more

    Fangyao Su

  • yelp
    5.0/5.0

    Mr. Riotto is awesome! You won't regret hiring him as your attorney. I got a speeding ticket on I-86 near the Horsehead region. After a careful Google search, I found that James has the highest rating on traffic-related matters, so I contacted his of...

    Read more

    Fangyao S.

See all reviews
Featured Article
  • The Top Criminal Defense Lawyers in Rochester.

    Handpicked Top 3 Criminal Defense Lawyers in Rochester, New York. Our 50-Point Inspection includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust and cost to the general excellence. You deserve only the best!

    VIEW ARTICLE
Contact us

Quick Contact Form