DUI/DWI in New York and California

With the summer rapidly approaching, many of us will be vacationing inNew YorkorCalifornia.

As such, it is crucial to understand the basic similarities and differences in the DUI/DWI laws of these two states.

This article will help you do just that while also giving you insight into the penalties and ramifications of being charged with DUI/DWI.

 

New York Drivers

In New York, if your blood alcohol content (BAC) is above 0.08%, you can be convicted of DWI (in New York there is no “DUI,” only Driving While Intoxicated / DWI but the two are synonymous).

However, the standards are much stricter for commercial license holders. If you are aCDLholder, you can be convicted of DUI/DWI with aBAC level of only 0.05%.

Additionally, the State of New York requires that you submit to chemical tests if asked to do so by a police officer. However, this does not include field sobriety tests.

Refusing to submit to a chemical test will subject you to a fine and a mandatory one year suspension of your driving privileges.

If it is your second time refusing to take a chemical test, you can face 5 days in prison or 30 days of community service as well as an 18 month suspension.

If you still have not learned your lesson, a third refusal will land you behind bars for 10 days or force you to do 60 days of community services and your license will again be suspended for 18 months.

When it comes to plea bargaining in NY for DUI/DWI cases, be aware of the fact that certain prosecutors will simply not negotiate with you if your BAC is too high.

If you are convicted of DWI/DUI for the first time in NY, you can go to jail for up to 1 year, will be forced to pay a $500 fine, and will lose your driving privileges for at least 6 months.

If you are convicted of DWI/DUI a second time in NY, you can go to jail for up to 4 years, will face a $1,000 fine, and will have your driver’s license suspended for at least 1 year.

If you are convicted of DWI/DUI a third time in NY, you can go to jail for up to 7 years, incur a $2,000 fine, and will lose your driving privileges for at least 1 year.

In addition, if your BAC is over .18, you can be charged with Aggravated DWI which carries even stiffer penalties.

California Drivers

California, like New York, has a mandatory consent law that obligates you to comply with chemical tests if asked to do so by a law enforcement officer. Nevertheless, field sobriety tests are not mandatory.

Again, like in NY, if your BAC is above 0.08%, you can be convicted of DUI/DWI.

In California, if you are convicted of DUI/DWI for the first time, you can face:

  • 3-5 Years of Court-Ordered Probation
  • A Fine Ranging fro $1,400-$1,800
  • 6 Month Suspension of Driving Privileges
  • Mandatory Participation inDUISchool(12-45 Hours Depending on YourBAC)
  • Minimum of 48 Hours in Prison

If convicted of DUI/DWI for a second time in CA, you can face:

  • 3-5 Years of Court-Ordered Probation
  • A Fine Ranging fro $1,800-$2,800
  • 2 Year Suspension of Driving Privileges
  • Mandatory Participation inDUISchool(18 Month Program)
  • Minimum of 96 Hours in Prison (Several CA Counties Require 10-30 Days)

If convicted of DUI/DWI for a third time in CA, you can face:

  • 3-5 Years of Formal, Court-Ordered Probation
  • A Fine Ranging fro $1,400-$1,800
  • 3-10 Year Suspension of Driving Privileges
  • Mandatory Participation inDUISchool(18 Month Program)
  • Minimum of 120 Days in Prison (Some CA Counties Require 1 Year)

Lastly, if you are convicted of DUI/DWI for a fourth time in CA, you may be guilty of Felony DUI. This means that you will permanently lose your license and go to jail for up to 3 years (in addition to paying a fine and participating in DUI school if applicable).

If you or a loved one recently were charged with DUI/DWI, contact an experienced attorney today.

Author Bio

Adam H. Rosenblum of The Rosenblum Law Firm is a traffic ticket lawyer licensed to practice in both New York and New Jersey. Visit his website http://www.ticketdefenselaw.com today.

 

Adam H. Rosenblum

Adam H. Rosenblum of The Rosenblum Law Firm is a traffic ticket lawyer licensed to practice in both New York and New Jersey. Visit his website http://www.ticketdefenselaw.com today.

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