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If you have been arrested for driving under the influence (DUI) of alcohol or drugs in New York, you now facing serious consequences that can affect your freedom, finances, and future. New York has strict laws and penalties for DUI offenses, which vary depending on the type and number of violations, as well as other factors, such as your age and license type. If you’ve been charged with a DUI, contact a dedicated Queens DUI lawyer from Vasiliou Law who can fight your charges, every step of the way.
Few things are worse than being charged with a DUI. Unfortunately, for many people, a conviction can severely impact their lives. If you’re facing DUI charges, you need an Astoria criminal defense lawyer in your corner. Depending on the circumstances of your case, we can employ a wide range of potential defenses to combat your charges. Some common DUI defenses include:
These are just some of the potential defenses we may use. Ultimately, if you’re charged with a DUI, it is your duty to retain the services of a competent Queens DUI lawyer as soon as you can. We are prepared to begin building your defense. All you need to do is reach out.
A first-offense DUI in New York can be classified as either driving while intoxicated (DWI) or driving while ability impaired by alcohol (DWAI). A DWI is more serious than a DWAI and requires proof that your blood alcohol content (BAC) was .08% or higher, or that you were incapable of driving safely due to alcohol or drug impairment. A DWAI only requires proof that your ability to drive was impaired to any extent by alcohol or drugs. That said, either of these offenses can have serious repercussions on your future. The penalties for a first-offense DWI in New York are as follows:
In New York State, a second DWI is considered a class E felony if it occurs within 10 years of the first offense. Unfortunately, once you’re charged with a second DUI, the courts will now treat you as a repeat offender, meaning you’re looking at harsher penalties than for a first-offense DUI. The penalties for a second-offense DWI in New York include:
A third DUI within 10 years of the first offense is considered a class D felony in NYS. The penalties for a third-offense DWI in New York are as follows:
An aggravated DUI in New York State occurs when you drive a vehicle with a blood alcohol content (BAC) of .18% or higher, or when you drive a vehicle with a passenger who is 15 years old or younger and you are charged with a DUI, DWI, or DWAI. A BAC of .18% or higher is more than twice the legal limit of .08% for drivers who are 21 years old or older. Driving with a child passenger while impaired by alcohol or drugs is considered a form of child endangerment and abuse.
The penalties for an aggravated DUI in New York depend on whether it is your first, second, or third offense within a 10-year period. A first-offense aggravated DUI is a misdemeanor that carries a fine of $1,000 to $2,500, a jail term of up to one year, a license revocation of at least one year, an ignition interlock device installation for at least one year, and a mandatory alcohol or drug assessment and treatment program.
A second-offense aggravated DUI within 10 years is a class E felony that carries a fine of $1,000 to $5,000, a jail term of up to four years, a license revocation of at least 18 months, an ignition interlock device installation for at least one year, and a mandatory alcohol or drug assessment and treatment program.
A third-offense aggravated DUI within 10 years is a class D felony that carries a fine of $2,000 to $10,000, a jail term of up to seven years, a license revocation of at least 18 months, an ignition interlock device installation for at least one year, and a mandatory alcohol or drug assessment and treatment program.
If you are currently facing aggravated DUI charges in New York, you need a seasoned Queens DUI lawyer in your corner, regardless of whether this is your first or third offense. You need the Vasiliou Law.
If you have a commercial driver’s license (CDL) and you are arrested for a DUI in New York, you may face additional penalties that can affect your livelihood. New York has stricter standards and harsher consequences for CDL holders who drive under the influence of alcohol or drugs.
A CDL holder can be charged with a DWI if their BAC is .04% or higher, or if they are impaired by alcohol or drugs while operating a commercial vehicle. A CDL holder can also be charged with a DWAI if their BAC is between .02% and .04%, or if they are impaired by alcohol or drugs while operating a non-commercial vehicle. The penalties for a DUI with a CDL in New York State include:
Because the penalties for CDL DUIs extend beyond those of other DUI charges, it is imperative that you hire an aggressive Queens DUI lawyer to defend you and your ability to earn a living.
New York has a zero-tolerance law for drivers who are under 21 years old and who drive under the influence of alcohol. Under this law, an underage driver can be charged with a DUI if their BAC is between .02% and .07%. An underage driver can also be charged with a DWI or a DWAI if their BAC is .08% or higher, or if they are impaired by alcohol or drugs. The penalties for an underage DUI in New York are as follows:
New York has an implied consent law that requires drivers who are arrested for a DUI to submit to a chemical test of their breath, blood, urine, or saliva (in most cases, especially when a driver is suspected of consuming alcohol, law enforcement will opt for a breathalyzer test). That said, if you refuse to take a chemical test of any kind, you may face additional penalties that are separate from the DUI charges. The penalties for breathalyzer test refusal in New York include the following:
The bottom line is that anyone charged with a DUI is facing a wide range of penalties, and they should not face those penalties without a strong legal advocate in their corner. Fortunately, if you’re reading this, you are in the right place. Contact a dedicated DUI lawyer from Vasiliou Law to schedule your free case evaluation with our experienced criminal defense law firm.
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