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
Arrested for DWI on Long Island? Read about our Long Island DWI defense, or go straight to our Nassau County DWI lawyer or Suffolk County DWI lawyer page.
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