• Drinking alcohol before driving is the most common source of a DUI charge.Bottle with beer beer on a white reflecting surface image by Alexander Oshvintsev from Fotolia.com
  
  DUI, or driving under the influence, is a criminal offense in New York State that some drivers commit when they drive after consuming alcohol or other drugs. Because these drivers pose a serious danger to themselves and others, the New York State criminal code prescribes harsh standards and penalties for drivers found guilty of DUI.
  
  

Categories

• In New York, driving under the influence is broken down into several categories. The most severe form of DUI is Aggravated Driving While Intoxicated (A-DWI), which requires that the driver have a blood alcohol content (BAC) of at least 0.18. Driving While Intoxicated (DWI) means that the driver's BAC must be at least 0.08, or he must show other evidence of intoxication. Driving While Ability Impaired by a Drug (DWI-Drug) indicates that the driver shows evidence of having consumed a nonalcohol drug. Finally, in cases of Driving While Ability Impaired (DWAI) drivers must have a BAC between 0.05 and 0.07, or show evidence of intoxication by alcohol or another drug.
  
  

Penalties

• The penalties imposed by New York for drivers convicted of any type of DUI can be severe. First-time offenders may face a jail sentence of up to 1 year and fines that can range up to $1,000 for a DWI or $2,500 for an A-DWI. A $10,000 fine can be imposed for a third-time DWI offender, with jail terms of up to 7 years.
  
  License suspension is another common penalty. For a first-time offender there is a 6-month minimum for license suspension, while repeat offenders can face an 18-month minimum suspension at the discretion of a judge.
  
  

Other Penalties

• In some cases, a judge can levy an additional penalty under New York State law. These may include requiring the driver to take a safe driving or alcohol awareness course, community service or the installation of an ignition lock that requires the driver to use a car-mounted breath-tester to determine his sobriety before driving.
  
  

Young Offenders

• For drivers under age 21, New York law requires a zero-tolerance policy for DUI. Young drivers with a BAC between 0.02 and 0.07 face a minimum $125 fine and a 6-month license suspension. Second time offenses can result in another fine and a 1-year license suspension, along with an additional $100 license suspension fee.