There are several ways to be charged for drunk driving in the state of New York. The basic charge is driving while intoxicated (DWI). Drivers who have a blood alcohol concentration (BAC) of 0.08% or higher or whos ability to drive is visibly impaired are charged with a DWI. A driving while ability is impaired (DWAI) is charged when the driver has a BAC of .05 to .07, or if there is evidence of impairment. A DWAI/Drugs charge means that the drivers ability to operate a vehicle is impaired by a substance other than alcohol. That substance can be anything that impairs the driver, from an illegal drug to a prescription drug. A driver can also be charged if they refuse the chemical test that determines BAC. If the driver refuses, their license may be revoked, and there is a $350 civil penalty fine. New York also has a zero tolerance law, so any driver under the age of 21 will be charged with a DWI if their BAC is .02 or higher.
If the driver is just receiving their first New York DWI offense, then they will face up to 1 year in jail. They will be fined a minimum of $500 to $1,000. Their license will also be suspended for at least 6 months, and they will have to pay a reinstatement surcharge at the end of that period. Finally, New York courts sentence offending drivers to attend mandatory alcohol screenings and evaluations.
DUI / DWI facts and statistics in New York
- In 2017, 29 out of the 295 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 82 out of the 27,136 offenders caught for DUI / DWI were under the age of 18
- In 2018, 21 out of the 307 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 59 out of the 25,094 offenders caught for DUI / DWI were under the age of 18
source: responsibility.org, fbi.gov
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