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New York DUI (DWI) Laws

New York has many driving under the influence laws. The first of which is just an infraction under New York law. It is driving while ability impaired. A motorist commits this crime by driving and being under the influence of alcohol while driving. Driving while ability impaired becomes a misdemeanor on the third offense by the motorist. The second type of law, driving while intoxicated, is a per se law. This law is violated when a person operating a motor vehicle has a .08 or higher weight of alcohol in their blood shown by chemical analysis of a person’s blood, breath, urine or saliva. New York also has an aggravated driving while intoxicated law. To commit this crime a person must have a .18 or higher weight of alcohol in the personals blood shown by chemical analysis of a person’s blood, breath, urine or saliva. New York has a driving while ability impaired by drugs law. The law states that no person shall operate a motor vehicle while the person’s ability to operate a motor vehicle is impaired by the use of a drug as defined in the state code.

New York state code also has an enhancement that person shall not operate a motor vehicle while violating one of its DUI laws. No person shall have a passenger who is 15 years old or younger in the car, when committing a DUI crime.

New York also has a different set of standards for persons operating commercial vehicles.  A person is level 1 Per-se driving while intoxicated when the person has .04 per centum or more, but not more than .06 per centum of alcohol in the person’s blood shown by chemical analysis of a person’s blood, breath, urine or saliva. Level 2 per-se driving while intoxicated for a commercial vehicle is violated when a person has .06 per centum or more, but not more than .08 per centum of alcohol in the person’s blood shown by chemical analysis of a person’s blood, breath, urine of saliva.

If the State of New York finds that a person has a prior out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs shall be deemed to be a prior conviction.  The prior conviction will be considered when determining penalties, even if the prior action committed would not have been a misdemeanor or felony under New York law.

All of these DUI laws apply to all public and private roadways including a drive way or and road that is connected to a road that is considered a public highway.


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