Former Traffic Court Judge Serving New York and New Jersey

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Know the penalties associated with DUI in New York

A drunk driving conviction can have lifelong consequences. At Martin A. Kron & Associates, LLP, we understand the punishments associated with such a charge in New York. It is important that you know what you may face should you get pulled over on suspicion of DUI. 

According to the New York Department of Motor Vehicles, it is a violation of state law to refuse to take a breath, chemical or urine test when law enforcement suspect you of DUI. If you do not take a test, the state’s implied consent law dictates that your license may be suspended for up to a year. 

In order to be convicted, the state must prove that you had the following blood alcohol content: 

  •          .08 for someone 21 or older
  •          .02 for someone younger than 21
  •          .04 for a commercial driver 

A first offense will carry with it a sentence of up to one year in jail as well as a minimum license suspension of six months. Any subsequent offenses mean you will have to have an ignition interlocking device placed on your vehicle, and the fines, license suspensions and jail time increase. 

There are aggravating factors that could determine how serious the punishment is. For example, if your first offense involves a serious injury or death, it is possible that a judge will hand down a much harsher sentence. 

A DUI conviction can have repercussions on your future employment and housing options and remains part of your permanent criminal record. At Martin A. Kron & Associates, LLP, we understand the importance of protecting your freedom and your record. 

For more information on this topic, please visit our page on DWI.

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