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New York DWI Penalties

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New York DWI Penalties

Implied Consent Laws

Blood-Alcohol Concentration

Zero Tolerance Blood Alcohol Concentration

Enhanced Penalty Blood Alcohol Concentration

Administrative License Suspension/Revocation Penalties

Vehicle Confiscation

Ignition Interlock

Mandatory Alcohol Education and Assessment/Treatment



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Implied Consent Laws


Laws involve drivers supposed of driving under the influence to compromise to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Denial carries penalties that can include compulsory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In New York, any driver with a blood-alcohol concentration - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this corroboration is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In New York, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more severe punishment for those convicted of DUI with a for the most part high blood-alcohol content at the instant of arrest; this is generally .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in New York.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above New York’s maximum allowable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning transitory or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In New York, for the original DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The sentence of vehicle confiscation for DUI conviction – either permanently or temporarily - is a chance in some states, generally for repeat offenders. This is not a penalty option in New York.

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Ignition Interlock

An ignition interlock device attaches to the condemned DUI offender’s vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a possibility in some states, this is not an option in New York.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol education and prevention program, treatment for alcohol abuse, and consideration of a person for possible alcohol or drug reliance can be required for DUI offenders in New York. These steps are often suggested instead of serving a sentence of incarceration or paying fines.

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