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DUI law in New York
The criminal charge and your driving privileges are separate questions. Check both.
DUI law in New York concerns both the criminal charge and the right to drive. The applicable licence process depends on the alleged conduct, test result or refusal, and the notice or court order. A criminal court date is not a substitute for checking a separate licence deadline. The cited rules below identify what has been verified for this jurisdiction.
The two legal questions
The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.
Driving privileges
The licence case
- Forum
- The agency or court identified by the applicable licence proceeding
- Clock
- Check the applicable notice or order for the deadline and its starting event
- Deadline to request a hearing
- For a chemical-test-refusal suspension, the court supplies a scheduled DMV hearing date. The statute's 15-day rule concerns the agency providing the hearing after arraignment—not a 15-day deadline for you to request it.
- Attend the scheduled hearing or obtain case-specific advice promptly. Failure to appear is treated as a waiver, subject to the statute's new-hearing petition provision.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Hearing procedure under the cited rule
- For the chemical-test-refusal suspension of an arrested driver under N.Y. Vehicle and Traffic Law §1194(2), the court provides a scheduled DMV hearing date. The hearing officer reviews the statutory refusal issues separately from the criminal charge.
- The refusal report supports a temporary court suspension pending the DMV hearing. The hearing addresses reasonable grounds, lawful arrest, sufficient refusal warnings, and whether the driver refused the test.
- The statute’s 15-day period runs from arraignment and concerns the department providing the hearing; it is not a 15-day deadline for the driver to request one.
- Failure to appear is treated as waiver, but the statute permits a petition to the commissioner for a new hearing as soon as practicable. A hearing officer’s findings may be appealed under article 3-A.
- This answer is limited to §1194(2) following arrest. The separate under-21, non-arrest process referenced in §1194-a is not covered by this answer.
Criminal charge
The criminal case
- Forum
- A criminal court
- Clock
- Check court notices and orders; no case duration is predicted here
- Alcohol-concentration threshold
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- First-offense penalty rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.
- Lookback period
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Alcohol-concentration thresholds in New York
The cited provision controls the threshold’s scope. Underage and commercial rules can concern licensing as well as criminal liability; they are not all the same offense.
- Standard drivers
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Operating a commercial motor vehicle
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Under-21 rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
New York in detail
8 further New York topics — interlock, hardship licences, drug DUI, felony DUI, underage, commercial drivers, checkpoints and record relief — are part of the approved taxonomy and are not built yet.