New York DWI Laws
Driving while intoxicated (DWI) is a serious offense in the State of New York. People convicted of this crime face life-changing penalties. These may include jail time, expensive fines, and driver’s license suspension.
If you have been arrested for DWI, you should immediately contact a law firm with experience in defending drunk-driving cases. A knowledgeable attorney will discuss your options and ensure the protection of your rights.
In New York, an arrest for DWI leads to two separate court cases. The first case occurs in criminal court. The second case involves the Department of Motor Vehicles (DMV). In NY, the DMV has the power to suspend the driver’s license of a person accused of DWI.
Drivers can be convicted of DWI in two different ways. The first is a violation of the “per se” law. This law makes it illegal to operate a vehicle with a blood alcohol content (BAC) over a certain limit. A driver’s BAC is measured by a breath or blood test. In New York, the per se limit is .08 percent or higher. For drivers under the age of 21, the BAC limit is .02 percent. This law is not based on whether or not the driver could operate a vehicle safely – rather, it is based on body chemistry.
The second way a driver can be convicted of DWI is if he or she violates the traditional common law theory of intoxication. The prosecution must prove that the driver was intoxicated while he or she was driving. In this case, intoxication is defined as a condition where the driver lacks both the necessary mental and physical skills to operate a vehicle as a safe driver. The driver’s BAC is not needed in this case; this case may be based on the testimony of the arresting law enforcement agent.
The charges for a driver may be aggravated if his or her BAC was .15 percent or more, if the driver was in an accident, or if the driver attempted to flee police. You can fight these charges! To speak with a qualified DWI attorney in your area, please submit your case online today.
