As in every state, driving while intoxicated is a crime in New York because alcohol affects your judgment, coordination, and ability to control a vehicle. Whether or not your alcohol consumption will result in DWI in New York or Long Island depends on the amount you consume, the length of time you drank, your body weight, and your gender. There is no quick method to become sober before driving, so the best method is to wait until your body absorbs and fully processes the alcohol.
Aggravated driving while intoxicated
Driving with a blood alcohol concentration of 0.08 percent or higher or other evidence of intoxication can result in a charge of DWI in New York. If you are a commercial motor vehicle driver, the legal limit is 0.04 percent. You can be charged with aggravated DWI if you drive with 0.18 percent or higher. While a DWI conviction results in fines between $500 and $1,000, fines for an aggravated DWI are between $1,000 and $2,500. Additionally, the maximum jail time and license revocation period for an aggravated DWI is one year. A conviction for a DWI can result in a maximum jail sentence of one year and the license revocation period that lasts at least six months.
Zero tolerance law
New York has a Zero Tolerance Law for drunk drivers under the age of 21. Meaning, if you are under 21 and drive with a BAC between 0.02 and 0.07 you violate the Zero Tolerance Law. Your first violation of the Zero Tolerance Law results in $125 civil penalty and $100 re-application fee. Additionally, your license suspension will last for six months. A second Zero Tolerance Law violation results in the same civil penalty and re-application fees, but your license revocation will last for one year or until you reach age 21.
Chemical test refusal
An experienced DWI lawyer can advise you on the full consequences of refusing a chemical test, but your refusal will result in a $500 civil penalty or $550 if you are a commercial driver. The penalty for merely refusing a breath test, even without a DWI conviction, is a license revocation that will last at least one year or 18 months if you are a commercial driver.