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Alcohol, Drugs & DWI |  |
Introduction | Programs & Solutions | FAQs | Safety Tips |
Information on Leandra's Law - Tough New DWI Penalties - Effective December 18, 2009
Information on New York State's "Zero Tolerance Law" (Under 21)
Information on .08 - .08 Don't blow it.
Impaired Driving in New York State
Study on How Frequently Motorists Drink and Drive - pdf format
Research Notes from the Study - pdf format
In November 2009, the New York legislature passed and Governor Patterson signed, a new anti-impaired law with 2 major components; one to toughen the penalties for driving impaired with children and one to require interlock devices for those convicted. "When I introduced The Child Passenger Protection Act - now known as Leandra's Law - it was because too often drivers under the influence of alcohol or drugs chose to compromise not only their own lives, but also the lives of our children. Today, we say enough," Governor Paterson said.
Important provisions of this new law includes:
The provisions of the law relating to DWI with a child passenger take effect on December 18, 2009. The interlock provisions are to take effect 270 days after the bill was signed. Additional regulations may be promulgated by state agencies to regulate the interlock provision.
How much do I have to drink before it affects my driving?
Any amount of alcohol affects your judgment and coordination. The degree of impairment depends upon:
What is BAC?
BAC stands for "blood alcohol concentration." It's a measure of the amount of alcohol in your blood. In New York State, a BAC of more than .05% is evidence that your ability is impaired by alcohol (DWAI or driving while ability impaired). A BAC of .08% or more is evidence of intoxication (DWI, driving while intoxicated, and/or driving with a BAC of .08 or more.) Under New York's Zero Tolerance Law, drivers under age 21 may be detained for driving with as little as .02% BAC.
How can I sober up quickly?
There is no quick way. Only time can make you sober. You must wait for your body to metabolize the alcohol. Most people need about one hour to metabolize one drink.
What will happen if I am stopped for drunk driving?
If a police officer believes you are intoxicated, you will be arrested and requested to take a BAC test. If convicted you will face a substantial fine, license revocation, higher insurance costs, legal fees and a possible jail sentence. [See Section 1192, NYS Vehicle & Traffic Law.]
Is plea bargaining possible?
The law prohibits a plea to reduce an alcohol traffic offense to a non-alcohol traffic offense.
What if I don't take the BAC test?
Your license will be suspended by the court at arraignment and later may be revoked at a DMV hearing. You are also subject to a civil penalty of $500-750. [Section 1194, NYS Vehicle & Traffic Law.]
Does age have anything to do with penalties?
Yes. If you are under 21 and convicted of an alcohol related offense your license is revoked for at least one year. A second offense while under 21 results in a one year revocation or a revocation until age 21, whichever is longer. [Section 1193.2(b) (6),(7) of the NYS Vehicle & Traffic Law.]
What are the chances that if I drink and drive that I will be caught?
Greater than ever before. The STOP-DWI Law has increased both enforcement and prosecution of drunk drivers. This law returns fine money to counties for anti-DWI programs. Also State and local police are doing blanket patrols and checkpoints to aid in the apprehension of drunk drivers. These enforcement efforts can occur at any place and time.
Can I receive a limited license to drive if I am convicted of drunk driving?
In some cases, yes. Such conditional licenses are available mostly to first time offenders who agree to attend the 16 hour Drinking Driver Program. [Section 1196, NYS Vehicle & Traffic Law.]
