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New York DWI Law: Meaning, Penalties, and What the State Must Prove
1. What the law prohibits:
It is illegal to drive a car if your blood alcohol level is 0.08% or higher. This is the legal limit for alcohol in New York. Even if you don’t feel drunk, you can still be charged if a test shows you’re over the limit.
2. What the penalties are if someone is convicted:
- A first offense is a misdemeanor
- You can face:
- Up to 1 year in jail
- A fine of $500 to $1,000
- A 6-month license suspension
- You may also have to install a breathalyzer device in your car
- Up to 1 year in jail
3. What the state has to prove to convict someone (the elements of the offense):
To get a conviction, the state must prove:
- You were driving a motor vehicle, and
Your blood alcohol level was 0.08% or higher, based on a chemical test like a breath or blood test