There are several different charges related to drunk driving that a person might face if he or she is driving drunk in New York. The classification of the charge placed against you can have an effect on the possible penalties that you face if you are convicted, but all charges have one thing in common -- you lose your driver's license for a certain period of time.
When law enforcement officers are determining what charge to file against you, your blood alcohol concentration, your age and your drivers' license type are all factors that matter.
A person who isn't 21 years old yet but who has a BAC of .02 to .07 percent will face a charge under the Zero Tolerance Law. This can lead to a six-month license suspension for a first offense and a minimum of one year on a second offense. Your license can be taken away until you turn 21 if you have a second offense.
A person who is 21 or older can face a driving while ability impaired by alcohol charge if his or her BAC is .05 to .07 percent. This can lead to 15 days in jail and a 90-day license suspension on a first offense and a minimum six-month revocation on a second offense.
Any commercial driver who has a BAC of .04 or above can face a driving while intoxicated charge. The same is true for any driver who has a BAC of .08 percent or above. This can lead to a year in jail and a six-month license revocation on a first offense. The license revocation is increased to a minimum of one year on subsequent offenses.
An aggravated DWI, which occurs when the BAC is at .18 percent or above can lead to one year in jail and a minimum of one year of license revocation for a first offense. The license revocation is a minimum of 18 months on subsequent offenses.
We know that all of these charges and penalties might seem harsh. That is the reason why it is critical for you to determine how we will handle your defense strategy. Considering all the options can help you to make an informed decision about your defense.