Where to Find New York DUI Records

Driving under the influence or DUI is the offense of operating any motor vehicle or engine while one’s physical and mental abilities are affected due to the intake of alcohol or drugs or both. DUI is a punishable offense in the state of New York just like all the other states in the United States of America.

One third of the deaths in the state of New York occur due to reckless driving by the intoxicated drivers. The likelihood of an accident increases manifold with an increased alcohol concentration in the blood stream.

An alcohol concentration of 0.08 percent or more increases the risk four times while that of 0.16 percent raises the chances of an accident by twenty five times. The risks are even higher for individuals below twenty. How much alcohol affects a person’s agility depends on the individual’s age, sex and various other factors. It is best to stick to the laws of the state and not drive when you are drunk.

A person is determined as a DUI offender based on the concentration of alcohol in his or her blood stream. Various tests like a breathalyzer test, blood test or urine tests are used to determine the blood alcohol concentration or BAC. This is in fact the first step of any DUI case. Upon the arrest of any individual who is suspected of drunken driving, the police perform sobriety tests.

New York DUI Legislature and Penalties

In accordance to the “Implied Consent Law” in the state of New York any driver in the state is required to co-operate with the police for taking a blood test or a urine test or a breathalyzer test if he or she is suspected to be driving under the influence of alcohol or drugs. On refusing to obey this, your driver’s license might be revoked for a period of one year as stated by the New York State DUI laws. You will also have to pay a fine of $500 and $750 for first and second instances of refusal.

All drivers driving with a blood alcohol content of 0.08 percent or more is convicted for a DUI in the state of New York. For drivers under 21 a blood alcohol concentration of 0.02 percent or more leads to an arrest while for commercial drivers it is 0.04 percent or higher. A DUI offense in New York where the driver operates a motor vehicle with a passenger below sixteen years of age is classified as a Class C felony.

A DUI offense that involves death of a person less than sixteen years old is classified as an aggravated vehicle homicide offense. The penalties in this case are that of a Class B violent felony. A DUI crime where physical injury of any person other than the driver is involved is an offense of aggravated vehicular assault. It is classified as a Class C violent felony.

The zero tolerance law of the state declares that it is illegal for any person under the age of 21 to drink and drive. If the blood alcohol concentration is from 0.02 percent to 0.07 percent the individual has to appear for a DMV hearing.

The penalties for a first time New York DUI offense includes a jail sentence of at most one year and a fine ranging from $500 to $1,000. The driver’s license of the offender is suspended for a minimum duration of six months. The offender also has to pay a mandatory surcharge, undergo an alcohol screening or an alcohol evaluation or both of these.

As a part of the Driver responsibility Assessment program, the offender may also be instructed to install an ignition interlock device in the car. An ignition interlock device is used to stop drunken driving. Upon installation of this device in the car, the driver has to breathe in to the device before driving. The device is programmed in such a way that if it records an alcohol content exceeding the legal limit, the car will not start.

The penalties are a bit different for offenders driving with passengers less than sixteen years old in the vehicle. It is considered as a Class E felony and the offender has to pay a fine of up to $5,000 or serve a jail sentence of up to four years or the offender may also be sentenced with both of these.

A second New York DUI offense is a Class E felony. The punishments include a jail sentence of a minimum duration of five days to a maximum duration of four years. The offender has to take part in community service for thirty days and pay a fine not less than $1,000 and not more than $5,000. The driver’s license is suspended for at least one year. The offender also has to pay mandatory surcharge and undergo alcohol assessment program. If the offender was found driving with a passenger below sixteen years of age, the punishments may include either or both of a fine up to $5,000 and a jail sentence for four years.

A third conviction is a Class D felony. The offender is sentenced with a minimum of 10 days of jail and it may go up to seven years. The offender has to take part in a community service for 60 days and pay a fine from 42,000 to $10,000. The license is suspended for at least a year.

To learn more about the DUI laws in the state of New York and their penalties go to http://www.nydmv.state.ny.us/broch/c39.htm.

New York DUI Records

The New York State Department of Motor Vehicles keeps the records of the DUI cases in the state. These records contain the details of each case. If you have caused an accident while driving you may also request for a copy of your accident report from the Department of Motor Vehicles. In order to know about this in detail visit the official site of the New York State’s Department of Motor Vehicles: http://www.nydmv.state.ny.us/DMVfaqs.htm.

You may want to see your records for correcting them, for changing your address, for reporting a change in your name and so on.