Can I Get Jail Time For A First-Offense DUI In New York?

man in jail for dui offense

Getting charged with a DUI for the first time can be a frightening experience, especially if you don’t know what to expect. A drunk driving conviction has the potential to alter a person’s entire life. Many first-time DUI offenders wonder if they risk the possibility of jail time. No need to panic because our highly experienced law firm is here to help! Read this blog to learn more about DUI penalties in New York and find out how a Nassau County DUI Lawyer can provide high-quality legal counseling today!


It’s possible to get jail time for your first DUI offense, but incarceration is relatively uncommon for first-time offenders. In New York, there’s no minimum jail sentence for first-offense DUI convictions. Therefore, many first-time drunk driving offenders in our state are able to avoid jail penalties. The maximum prison sentence for a first-offense DUI is one year, but this punishment is more common for drivers who had a high blood alcohol content (BAC). If you’re caught driving with a BAC of over 0.18%, you’ll be charged with an aggravated DUI and will face harsher punishments. Though there is still no minimum incarceration sentence required for first-time aggravated DUI offenses, these offenders are given probation, higher fines, and more.


There are a few required penalties for all first-time DUI offenses in New York. Your license will be suspended for a minimum of six months, you’ll be given a maximum of $1,000 in fines, and you’ll be required to participate in the Drunk Driving Program (DDP). In Nassau County, a civil lawsuit will be filed against you to forfeit your vehicle. Once your driving privileges are restored, you might be required to use an ignition interlock device (IID).

However, the exact penalties you face depend on your criminal history and the circumstances of the incident. As stated earlier, drivers with a higher BAC level often face more severe punishments. First-time offenders who didn’t cause an accident and had a BAC of less than 0.10%  have the highest chance of receiving minimal penalties. If you drive under the influence and cause harm to others by crashing your vehicle, you could be given more punishments for your additional charges.

Have you recently been charged with a first-offense DUI in Long Island, New York? Are you seeking an effective criminal defense attorney who has your best interests in mind? Look no further because the Law Office of Jacob A. Rudman is here to fight for you! Contact our excellent team today for an initial consultation.

Read Our Recent Blog

View More