Talk to a DUI lawyer right now!

New York DUI Help

Reader’s Question:

My sister was charged with DUI here in New York. I don’t really know much about the law that’s why I need your help in giving me information as to what penalties she may have. By the way, this is her first DUI offense.

Andy

Brooklyn, NY

Drunk Driving in New York is prosecuted under either or both of two theories: common law drunk driving and driving while one has more than .08% of one gram of alcohol per liter in one’s bloodstream. The common law theory is the old fashioned drunk driving if the driver is weaving in traffic and having obvious problems. It is based on the critical opinion of the arresting officer. The second theory disregards how the driver is doing but makes it a criminal offense merely to have more than the .08% blood alcohol limit in the driver’s blood. There is a possibility to be cited under both sections of the code, and receive two tickets.

Here are the penalties your sister might have on her first DUI offense in New York:
-license suspension for minimum of six months
- a Mandatory fine of $500 to $1000
- maximum jailtime of one year in the local county jail

In general, this is how it works for those convicted of a misdemeanor first offense DUI. Good luck.