DUI Law in New York
What is a DUI?
Are you facing a costly DUI in New York?
DUI, which refers to driving under the influence of alcohol or drugs, is a criminal offense that can lead to weighty consequences. Also known as DWI, the process of going to court to face either conviction or exoneration can change the course of your life forever.
Learn more about your DUI law defense options below, and then talk to a local attorney who will help you in this delicate situation. You don’t have to stare down consequences alone. You can take wise steps today to protect your interests.
Possible Consequences of a New York DUI Conviction
Where you live, the severity of the incident, and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a New York law firm on your side to fight for you and your rights.
Here are some of the possible high costs and common punishments you may experience if convicted following a DUI arrest.
Paying Fines
If convicted of driving under the influence of alcohol or drugs in New York, you can count on fines being a part of your sentencing. New York DUI fines can range from $500 to $10,000. However, other factors can drastically increase the amount you must pay, including:
- Any damage to property while driving under the influence
- If someone suffered injuries as a result of your intoxicated driving
- Cases that include child endangerment
- Any court costs associated with your case
The fines you owe following a conviction can range from a few hundred dollars to thousands of dollars, depending on your case. Will you face costly jail time?
Jail Time
In several states, jail time is mandatory, even for first-time offenders. If this is your first DUI offense, you may only have to face a day or two in jail. But if you have previous convictions for DUIs, you can receive a sentence of several months to over a year in prison. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.
According to the New York Department of Motor Vehicles, your first DUI can result in up to a year in jail. However, subsequent offenses carry sentences that can range from 4 to 7 years. New York law classifies a first DUI as a misdemeanor, but a second or additional DUI is considered a felony.
Probation
If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. If you violate the terms of your probation, count on facing time behind bars.
Probations in New York are handled locally, but are overseen by the New York Division of Criminal Justice. DUI probations can require alcohol treatment and community service. In addition, you could be prohibited from consuming any alcohol or entering a bar. Probation violations can result in jail time, fines, or stricter probation terms.
Drug and Alcohol Education Program
Following a New York DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.
The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program before reinstating your license.
Suspension or Loss of License
No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.
If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.
What Should You Do When Charged With a DUI in New York?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With New York DUI Law
Immediately following your DUI arrest, you need to contact an experienced New York DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.
Step 2: Learn About Your State’s DUI Laws
Each state, including New York, has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case.
Step 3: Request a DMV Hearing
In New York, you have a short amount of time to ask for a DMV hearing to keep your license leading up to your court appearance. If you do not request a hearing, prepare for a license suspension. You or your attorney should request a hearing as soon as possible following your arrest.
Typically, your license will be confiscated when you are arrested for a DUI in New York. If you refuse to take a BAC (blood alcohol content) test, you will automatically be scheduled for a refusal hearing with the New York Department of Motor Vehicles. However, if you take the BAC test and fail, you must request a hearing.
Step 4: Prepare for Court Appearance
You and your attorney will prepare for your court appearance and arraignment. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.
Step 5: Receive Sentencing or Exoneration
You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.
Work with an Experienced Local DUI Lawyer in New York
Should you ever find yourself charged with a DUI, you need to work with an experienced New York lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you in New York today. We can even help you connect with legal help across New York state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
