Driving While Intoxicated

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Driving while intoxicated (Vehicle and Traffic Law Section 1192 (subsections 2 or 3) prohibits the operation of a motor vehicle if a person has consumed alcohol and has a blood level of .08 of 1% or more. The legal blood limit is less for the charge of Driving While Ability Impaired, as outlined below.

Driving While Intoxicated is a misdemeanor if this is the driver's first arrest. If the driver has a previous conviction for DWI within the past 10 years, the charge will be upgraded to a felony.

Consequences of a DWI

A person must consider all the effects a DWI conviction can have on your life

1. It can effect your criminal record,
2. Your privilege to drive a car,
3. Your job and career if you have your license revoked,
4. The increase in your car insurance,
5. You may be required to attend the Drinking Driving Program,
6. You may Be placed on probation,
7. Forfeiture of your motor vehicle,
8. You may even be incarcerated.

If you are convicted of a misdemeanor DWI, and are charged again with another DWI within the next ten (10) years, then you will be charged with a felony.

It is much more than merely having to pay a fine and being done with the whole case. That is why it is critical to have an attorney with specialized credentials to guide you every step of the way if you should be arrested.

Penalties For DWI

DWI- Misdemeanor: If a person is convicted of DWI as a misdemeanor, the revocation of that person's driver's license of privilege to drive in NYS is mandatory. This revocation is for a period of at least six (6) months. There are minimum fine to be imposed, starting at the level of $500.00 and up to $1,000.00 dollars. There is also the possibility of a jail sentence of up to one (1) year in jail.

Penalties for Conviction of Felony DWI

DWI Felony: The state legislature has increased the penalties for conviction of numerous DWI charges, and a person can be charged with a class E felony, class D felony of even sentenced as a persistent felony offended number of felony conviction allow this type of sentence.

Class E Felony:

They face mandatory fines starting at $1000.00 and state surcharges,
Mandatory license revocation of one year,
Possibility of a prison sentence of up to four (4) years in the state prison system.

Class D Felony:

They face mandatory fines and state surcharges,
Mandatory license revocation for one (1) year,
Possibility of a prison sentence of up to seven (7) years in the state prison system.

Persistent Felony Offender:

If a person is charged with felony DWI and has a long history of felony convictions, they may be sentenced as a persistent felony offender. which could place the person in jeopardy of a prison sentence with a minimum of fifteen (15) years and a maximum of life imprisonment. This is an unusual sentence, but is being implemented more and more in the recent past.

Any person who has been charged with Driving While Intoxicated, or Driving While Ability Impaired should consult legal counsel at their first opportunity.

Breathalyzer Tests

The question of whether a person should submit to a breathalyzer test is always foremost on a client's mind. This is a question that cannot be answered in the general and persons should consult an attorney and discuss the information that is specific to their situation.

Refusal Of Breathalyzer Test: Any person who operates a vehicle on a public road implicitly consents to a breathalyzer by virtue of having a driver's license. Although a person can refuse to take a breath test, their driver's license will be revoked for this refusal and a civil penalty will be assessed by Albany Department of Motor Vehicle, whether or not you are eventually convicted of the DWI. You are entitled to a "Refusal Hearing" by an administrative law judge, and generally that hearing is set at the time you are arraigned and you are given the date, place and time to appear.

Suspension Pending Prosecution

One of the worst consequences of a DWI arrest (other than jail or prison) is the loss of a person's driver's license. This can cause near catastrophe in some circumstances. Your ability to drive is necessary to work, go to doctor's appointments, to run a household and the like.

NYS Vehicle and Traffic Law 1193 currently requires that a persons driver's license be suspended prior to even being convicted of a DWI if documentation is available alleging that the person had a BAC of .10 of 1% or more. The time that the defendant's license is suspended does not count toward the suspension or revocation time that a person will receive if convicted of the charge.

Hardship License: The state law allows a defendant to apply for a "hardship license" to be able to drive to and from work. I have been able to secure this for many of my clients and if you are faced with this, you must show evidence that you are working, that there are no reasonable means of public transportation and that there is no other way for you to get to and from work. I will help you assemble the documents necessary to apply for this license from the court.

Driving While Ability Impaired By Drugs

Under Vehicle and Traffic Law Section 1192 (4) it states that "No person shall operate a motor vehicle while the person's ability to operate such a motor vehicle is impaired by the use of a drug as defined by this chapter."

The term "drug" includes any substance listed in section 3306 of the Public Health Law, and anyone interested in what is prohibited should look up this section. The standard is that if a person is impaired "to any extent", then that is considered DWAI by Drugs.

This charge is classified as a misdemeanor in the Vehicle and Traffic Law and the penalties are similar to that of a DWI with alcohol.

Driving While Ability Impaired By Alcohol

Although this charge is a traffic infraction, and not as serious as a DWI, it should be taken very seriously.

1st Conviction:

Up to $500.00 in fines plus surcharges,
Up to 15 days in jail
And a 90 day license suspension.

2nd Conviction in 5 years:

$500.00 to $700.00 in fines,
Up to 30 days in jail
And six (6) month license revocation.

3rd Conviction in 10 years:

This is a misdemeanor and the fines range up to $1500.00,
Up to 180 days in jail
And 6 month license revocation.

A conviction for DWI, felony or misdemeanor, or any DWAI does not result in any points being assessed to your driver's license. The penalties that are assessed are much more serious. Below, you will find a chart, for the Driver's Violation Point System for various simple traffic tickets, as determined by the Department of Motor Vehicle.

Speeding MPH not specified...................3pts Speeding MPH over posted limit 1 to 10.................................3pts 11 to 20...............................4pts 21 to 30...............................6pts 31 to 40...............................8pts More than 40.......................11pts Reckless Driving.............................5pts Failing to stop for a School Bus...................................5pts Inadequate brakes...........................4pts Following too closely (tailgating)........................................4pts Improper passing, Unsafe lane change, Drove left of center, Drove wrong direction......................3pts Violation involving a traffic signal, stop sign or yield sign............................3pts Rail Crossing violation.......................3pts Failing to yield right of way................3pts Safety restraint violation involving person under 16..................3pts Leaving scene of accident involving property damage or injury to domestic animal...............3pts Any other moving violation................2pts Inadequate Brakes (while driving employer's vehicle........2pts

How Your Point Total is Calculated

• 11 points in 18 months results in DMV license suspension/revocation hearing. Points are assessed as of violation date.
• Three speeding violations in 18 months results in mandatory license revocation, regardless of points.

Advisory: While most people are able to handle the simple traffic ticket in court, my best advice is that no one should ever represent themselves on a DWI or similar charge. The issues are too complex and the penalties too serious for anyone but an experienced attorney. The information I have provided above is only a tiny bit of what a person needs to be aware of to handle the DWI case. If you are charged with a DWI, please feel free to give me a call and set up an appointment.

For more information on Blood Alcohol Content and the Law:

• BAC Calculator
• Drink Wheel
• Drunk Driving Laws of the 50 States

E-Mail us at ExperiencedLaw.com "When experience counts"

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