What can happen if you are arrested for DWI in New York (NY) State

 

In New York State, a police officer can arrest you if he or she feels you are driving while intoxicated and may request that you take a BAC (blood alcohol concentration) test. It is important to note that simply sitting behind the wheel of a running vehicle can be interpreted as “driving” or “operating” it. Furthermore, it takes an average adult approximately one hour to metabolize one drink. This will vary by gender, body weight, health, and other factors, such as whether or not you ate before or while drinking. If you are subsequently convicted of DWI, you will face a substantial fine, license revocation, higher insurance costs, legal fees and a possible jail sentence. Drivers with commercial licenses or those people who operate commercial vehicles will face stiffer penalties.

 

When you are arrested for DWI, your license is taken from you and sent to the Department of Motor Vehicles (DMV), pending your trial. New York operates under an implied consent law. This means that your implied consent for chemical testing goes into effect when you accept a New York driver's license or you drive in New York using a license from another state or country. If you are pulled over for driving while intoxicated and refuse to take the test, the DMV will hold a hearing regarding your refusal, which is independent of any other trial or court proceedings. If the DMV determines you refused to take a chemical test after a traffic stop or automobile accident, you could be forced to pay a fine and your driver's license could be revoked for a year or more. Chemical testing differs from field sobriety tests, such as standing on one leg. These tests are not part of New York’s implied consent laws and you do have the right to refuse.

 

In New York, a BAC of more than .05% indicates that you are DWAI (driving while ability impaired). A BAC of .08% and above indicates that you are DWI (driving while intoxicated). Therefore, the highest BAC to still drive without being legally impaired is .04%. Additionally, New York State has adopted a Zero Tolerance Law, which impacts drivers under the age of 21. If you are under the age of 21 and are caught driving a motor vehicle on a public roadway with a BAC of between .02 % and .07% your first offense is punishable by a civil penalty of $125.00 and a six month suspension of your driver’s license. A second offense results in a one year license revocation or a revocation until age 21, whichever is longer (Section 1193.2(b) (6),(7) of the NYS Vehicle & Traffic Law).

 

If you are over 21 and are arrested for Driving While Impaired (DWAI) and your BAC is between .05 and .07%, this usually results in a fine of $300 to $500, a 90 day suspension of your license, and a maximum of 15 days in a county jail. Generally, this is a traffic violation and applies to a first time offender.

 

A conviction of DWI in New York will result in suspension or revocation of your license for at least six months; however, in some cases it can be permanent. If this is your first DWI offense, this is classified as a misdemeanor with a fine of $500 to $1000 and up to one year in jail.

 

You can be found guilty of aggravated DWI if you operate a motor vehicle while you have a blood alcohol content of .18 or greater. Your first conviction is a misdemeanor and can result in fines of $1000 to $2500 with up to one year in jail and a minimum one year license revocation.

 

It may be possible to obtain a conditional license which will allow you to get to work and drive for other reasons, while your case is pending. These licenses are generally available to first time offenders. You must attend a 16 hour DMV certified Drinking Driver Program for which you must also pay a fee.

 

Your chances of being caught driving while intoxicated in New York State are great. The STOP-DWI Law in New York has increased enforcement and prosecution of drunk drivers. As part of this law, fine money is returned to counties for anti-DWI programs. Also, state and local police participate in blanket patrols and set up checkpoints which can occur at any place and time.

 

Please note that the above scenarios are general statements regarding New York State drinking and driving laws except where notated. Additionally, most refer to first time DWI offenders.