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DUI Law and New York State DWI LawPer Se Law.08 BAC
Per Se means driving with a blood alcohol concentration or blood alcohol content (BAC). That amount of alcohol in a driver’s bloodstream is measured with a breath test or chemical test.
Zero Tolerance BAC Level for BAC of .02
All 50 states now have laws that make it illegal for a person under age 21 to drive with any amount of alcohol in their system. These laws penalize persons under 21 for operating a vehicle with a BAC of .00 (if the arresting officer detects the smell of alcohol) or with “negligible” BAC levels such as .01 or .02 percent.
Enhanced Penalty BAC Level for BAC of .18
Penalties for drunk driving in many states are increased depending on several factors including:
- Blood alcohol content over .15 or .20
- Driving over a certain speed
- Having minors in the car
- Refusing to take a chemical test
- Having a traffic accident
- Having prior DUI convictions
Implied Consent Law
Most states, including New York, passed laws that require drivers to submit to a chemical test (either breath, blood or urine testing) if they are suspected of DUI. If a driver refuses to submit to the test, the there are penalties such as mandatory suspension of a driver’s license.
License Suspension 1st Offense Is 90 Days
The department of motor vehicles (DMV) suspends or revokes driving privileges independent of criminal court penalties.
License Suspension 2nd Offense Is 6 Months
DMV suspends or revokes driving privileges independent of criminal court penalties.
License Suspension 3rd Offense Is 6 Months
DMV suspends or revokes driving privileges independent of criminal court penalties.
DUI Law Information
New York State DWI Law
Mandatory Alcohol Education
In many states, including New York State, penalties and fines for drunk driving convictions can be reduced if the driver participates in an education and assessment program. In some states, participation is mandatory in order to restore driving privileges.
These programs often include drunk driving school (prevention education) and an assessment of the offender’s drinking issues. If the evaluation finds that the driver is alcohol dependent, the offender can be mandated to participate in some type of treatment program, such as counseling or support group).
Mandatory Assessment/Treatment
In many states, including New York State, penalties and fines for DUI, DWI or drunk driving convictions can be reduced if the driver participates in an assessment and treatment program. Some states require this in order to restore driving privileges.
Mandatory Jail Time
As part of the penalty for habitual drunk driving offenders, most state sentences must include some jail time, although New York does not mandate jail time after the second offense. Some states have mandatory jail time for the first DUI offense.
DUI Law Information and New York State DWI Law
Hardship License
Most states, including New York, will allow limited driving privileges to for drivers convicted of drunk driving even while their driver’s license is suspended or revoked. Drivers usually must prove special hardship to justify restoring privileges during suspension. Drivers are usually only allowed to drive to and from work.
Vehicle Confiscation
Many states have laws that allow the vehicles of drunk drivers to be seized by law enforcement. In New York State, vehicle confiscation is possible after the second offense. The laws usually apply to repeat offenders and vehicles can be impounded temporarily or permanently.
Ignition Interlock
Interlock is a machine connected to car’s ignition that checks for the presence of alcohol in the driver. The driver must blow into the machine to start the car and continue to periodically blow into the device to keep the car running. If the device detects alcohol, the car will not start or will turn itself off.
Some states require an ignition interlock device after the first offense, while others require them only for repeat offenders. Some states do not yet have ignition interlock. The offender is usually responsible for the cost of the installation and maintenance of the interlock device.
Open Container Law
DUI and DWI Laws prohibit the possession and drinking from an open alcoholic beverage container from inside a vehicle or in public places (in New York for both driver and passenger). Some states make it illegal for the driver to have an open container, while in most states, such as New York, it is also illegal for the passenger(s) to have an open container of an alcoholic beverage.
