First Offense DWI/DUI in New York

The state of New York, for offenders facing first DUI in New York charges, utilizes a comprehensive process of punishment, which includes both criminal sentencing and administrative action influencing one’s drivers license. The following article outlines penalties applicable to private drivers facing charges in the state of New York, and in turn, minors and commercial drivers will face different penalties. In every case, defendants in a criminal case should consult with legal counsel as soon as possible following arrest to learn more about their legal rights and options.

Administrative Penalties

• First offense DUI carries administrative license suspension of ninety (90) days

• Refusals to submit under New York’s Implied Consent Laws results in automatic license suspension of one (1) year for first offenders

• Reinstatement of license requires payment of reinstatement fees, completion of alcohol assessment/treatment, and if applicable, installation of an ignition interlock device

Criminal Penalties

• Drivers charged with a first offense DUI in New York face no minimum incarceration required, but do have the potential of being sentenced to incarceration pending the case-specific nature of their case

• All DUI convictions, including first offenses, require use of ignition interlock device in New York

• Convictions of DUI can influence future DUI arrests, and the subsequent charges and sentences, for a period of five (5) years

Getting Legal Help

New York DWI Law expressly bars reduction of DUI charges into lesser criminal offenses as a plea option. However, defendants in a first offense DUI case in New York still have significant opportunities, pending use of legal counsel and the case-specific nature of the charges, to negotiate favorable plea agreement terms or obtain dismissal of charges. For more information and insight, consult with a New York first offense DUI/DWI lawyer to learn more.