Albany DUI Lawyer

New York law imposes severe penalties for driving under the influence (DUI). These offenses can be quite frightening to a first time offender. DUI charges often occur in the most unexpected of circumstances – you often do not even realize that you are driving while under the influence. However, regardless of your intent, you will face hefty charges and fines that have the potential to drastically alter your life. Keep in mind that a DUI arrest is not yet a conviction, and an experienced Albany DUI lawyer can assist you in fighting your charges.

What is the History of DUI Law?

New York was the first state to adopt drunk driving laws in 1910, only two years after the first Model T was manufactured by Henry Ford. Early DUI laws prohibited drunk driving, but there were no set rules or regulations in place to classify the meaning of “intoxicated” or provide tests for intoxication.

An early form of the Breathalyzer was created in the 1930s which helped determine whether a person was intoxicated, although the current form of the Breathalyzer was created in 1953. This Breathalyzer measured the alcohol vapors in a person’s breath and would show the amount of alcohol in their blood, making it easier for law enforcement officers to determine if a person was intoxicated.

However, it was not until the 1980s that drunk driving became a larger public concern after thousands of fatalities continued to occur on the roadways due to drunk driving. Mothers Against Drunk Driving was largely instrumental in implementing new, tougher legislation on drunk driving and brought the issue of drunk driving to the forefront of public debate.

New York DUI Laws

New York has several tough laws in place to punish DUI offenders. New York is one of the few states to implement Driving While Ability Impaired (DWAI), which requires a blood alcohol content level (BAC) between .05 and 07. New York law additionally lists separate penalty ranges for Aggravated DWI offenses, which include DWI with a BAC of .18 or higher. Additionally, DWI charges often include DWAI/Drug offenses, which are Driving While Ability Impaired by a single drug other than alcohol. New York law provides for the following punishment ranges:

Offense, Classification, Punishment and License Revocation of NY DUI Laws

• DWAI 1st Offense – Traffic Infraction. Up to $500 fine and up to 15 days in jail. 90 day suspension if over age 21; 1 year revocation if under age 21.
• DWAI 2nd Offense Within 5 Years – Traffic Infraction. Up to $750 fine and up to 30 days in jail. 6 month revocation if over age 21; 1 year revocation or until age 21 (if under 21), whichever is longer.
• DWAI 3rd Offense Within 10 Years – Misdemeanor. Up to $1,500 fine and up to 180 days in jail. 6 month revocation if over age 21; 1 year revocation or until age 21 (if under 21), whichever is longer.
• DWI 1st Offense – Misdemeanor. Up to $1,000 fine and up to 1 year in jail 6 month revocation if over age 21; one year revocation if under age 21.
• DWI 2nd Offense Within 10 Years – Class E Felony. Up to $5,000 fine and up to 4 years in jail. 1 year revocation if over age 21; 1 year revocation or until age 21 (if under 21), whichever is longer.
• DWI 3rd Offense Within 10 Years – Class D felony. Up to $10,000 fine and up to 7 years in jail. 1 year revocation if over age 21; 1 year revocation or until age 21 (if under 21), whichever is longer.
• DWI Over .18 BAC 1st Offense – Misdemeanor. Up to $2,500 fine and up to 1 year in jail. 1 year revocation.
• DWI Over .18 BAC 2nd Offense Within 10 Years – Class E Felony. Up to $5,000 fine and up to 4 years in jail. 18 month revocation if over age 21; 18 month revocation or until age 21 (if under 21), whichever is longer.
• DWI Over .18 BAC 3rd Offense Within 10 Years – Class D felony. Up to $10,000 fine and up to 7 years in jail. 18 month revocation if over age 21; 18 month revocation or until age 21 (if under 21), whichever is longer.

Charged with a DUI or DWAI in the Capital Region area of New York? Contact Hug Law Today

Hug Law, PLLC | Albany NY DUI Attorney

If you have been charged for an alcohol-related offense, do not hesitate to contact criminal lawyer Matthew Hug of Hug Law, PLLC. Matthew has nearly 10 years of experience in fighting DUI charges brought against his clients. A DUI conviction can drastically impact your future, your ability to secure a job, and raise a family. Matthew understands that this is a difficult time in your life and wants to make this as easy and efficient as possible for you with the best outcome.

Contact our law office today for your FREE initial consultation.