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DUI & DWI in New York

Being arrested for DUI and being convicted of DUI are not the same thing. You may be able to avoid criminal conviction or at least some of the resulting damage by consulting with a New York DUI attorney.

The state of New York takes driving while under the influence seriously; so do your community, neighbors, and family.

  • Criminal penalties such are fines, jail time, mandatory educational classes, alcohol rehabilitation, and community service. In addition, you will lose your driver’s license.
  • You may lose your good reputation reputation in the community, job, professional license, and the respect of your family.
  • If you hurt someone or damage property, while driving drunk, you could be sued in civil court and lose everything you have.

If you or a loved one has been arrested on a DUI charge in New York, this article was written for you. You’ll quickly learn:

  • New York DUI laws
  • New York DUI punishments
  • Potential DUI defenses
  • New York’s other drunk driving and alcohol laws

When is a Driver Considered to be Legally Drunk in New York – What are NY DUI Laws?

  • In general, you are considered to be legally drunk if you have a BAC (blood alcohol content) of .08 or more while driving in New York.
  • If you’re a commercial driver, you are legally drunk if your BAC is .04 or higher.
  • If you are under the age of 21, you are legally drunk if any alcohol is present in your system.

What is New York’s Punishment for DUI Convictions?

In New York, DUI criminal punishments are based upon 3 factors:

  • The more DUI convictions you’ve had, the more severe the penalty.
  • The higher the BAC, the harsher the penalty.
  • Causing someone else’s death or bodily injury, increases penalties severely.

New York Drunk Driving Defenses

As we emphasized above, arrest for drunk driving is not the same as conviction. Your New York criminal defense lawyer will carefully analyze your case to determine your best defenses.

  • Could Breathalyzer results be erroneous?
  • Was a second and independent test administered?
  • Was the testing officer certified to administer the Breathalyzer?
  • Did any medical personnel, drawing blood,follow protocol?
  • Did police have probable cause to stop you or were they racially profiling?
  • Were you driving? Or, was someone else driving?
  • Did the trial judge offer appropriate jury instructions?

New York’s Other Drunk Driving and Alcohol Laws

  • New York Dram Shop Statute – (В§11-101 of the New York General Obligations law) a bar or restaurant can be held liable for injuries to third parties if that licensed drinking establishment served a visibly drunk individual or a minor. In addition, the establishment served a minor, it is liable for any injuries to the minor as a result if his or her intoxication.

  • New York Social Host Law – There is no social host liability for serving adults who are legally responsible for themselves; however, adults, who serve alcohol to minors, can be held liable for injuries to that minor and any injuries that minor causes.

  • Furnishing Alcohol to a Minor – Any adult who serves alcohol to a minor can be sent to jail for up to one year and hit with a fine up to $1,000.

How to Find a New York DUI Attorney

If you or a loved one has been arrested for DUI or in violation of any of New York’s other drinking laws, your next step is to contact a New York DUI defense attorney now. To find a NY DUI lawyer, you can search our website,, or ask friends or the bar association for a referral.

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