Can I Get A Non-Automobile DUI In New York?
In New York, driving under the influence of alcohol or drugs is a criminal offense. And the state takes this offense very seriously. Some possible penalties for driving under the influence in New York include jail time, fines, and loss of driving privileges. When people hear of DUI charges, they often think of automobile DUI. They think of passenger cars and trucks. However, it is possible for a non-automobile DUI to occur. In New York, you can get a DUI in any motorized vehicle, including a motorcycle and scooter. Understanding the laws governing non-automobile DUI can be challenging, but fortunately, attorneys are available to help.
New York DUI Laws for Motorcyclists
According to New York law, if a motorcyclist is found with a Blood Alcohol Content (BAC) of 0.08% or above, they may be charged with DUI. If a motorcyclist is convicted of DUI, they might face a six-month revocation of their motorcycle operator’s license. And if they are convicted of DUI within ten years of any previous alcohol or drug violation, they may face a one-year revocation of their motorcycle operator’s license.
If a motorcyclist is found with a BAC of 0.05%, their license may be suspended for 90 days. If a motorcyclist is convicted for this offense within five years of any previous alcohol or drug violation, they may face a six-month revocation of their license.
Additionally, in New York, motorcyclists convicted of DUI might be sentenced to community service and made to pay court fines. Usually, court fines will range from $300 to $10,000.
New York DUI Laws for E-scooter Riders
According to New York law, it is illegal for a person to operate an electric scooter with a BAC of 0.08% or more. It is also against New York law to operate an electric scooter while ability is impaired by drugs.
Violating these laws comes with harsh consequences. Operating an e-scooter in New York with a BAC of 0.08% or more or while ability is impaired by drugs is a misdemeanor. This criminal offense is punishable by a monetary fine of up to $500, imprisonment in a county jail or penitentiary for up to twelve months, or both.
A person convicted of violating these laws within five years of a previous violation is guilty of a class E felony. This criminal offense is punishable by a monetary fine of up to $1,000, imprisonment, or both. And a person who operates an e-scooter with a BAC of 0.08% or more or while ability is impaired by drugs having been convicted of a previous violation two or more times within the last ten years is guilty of a class E felony punishable by a fine of up to $4,000, or imprisonment, or both.
What To Do After Getting Charged With a Non-automobile DUI?
After getting charged with a non-automobile DUI, you might not know what to do. After being charged with a non-automobile DUI, reach out to a DUI defense attorney. An attorney can guide you on what steps to take to protect your rights and defend yourself.
Contact an NYC DUI/DWUI/DWAI Attorney
If you have questions about New York DUI laws or need help with a DUI case, contact the skilled and dedicated NYC DUI/DWUI/DWAI lawyer, Mark I. Cohen, Esq., at 212-732-0002.
Source:
dmv.ny.gov/driver-training/motorcycle-manual-being-shape-ride
