Driving While Intoxicated in NY

What Will Happen To Me If I Am Stopped By The Police?
If you are stopped by a police officer who believes you are under the influence of alcohol or drugs, you may be required to take a "field sobriety test" which may include a breath-screening test for the presence of alcohol. If you are arrested, you will be asked to take a "chemical test" for BAC. You may also be fingerprinted. Driving While Intoxicated (DWI) is a crime. If you are convicted, you will face a substantial fine, a mandatory license revocation, higher insurance premiums, and a possible jail sentence.

What Will Happen If I Refuse To Take The Chemical Test?
If you refuse a chemical test for BAC (Blood Alcohol Content), your license will be suspended at arraignment in court, and revoked for at least six months (second offense, one year) at a Department of Motor Vehicles hearing. You will also be subject to a civil penalty of $300 (second offense, $750). A driver under 21 years old who refuses to take a chemical test under the Zero Tolerance Law is subject to a 1-year license revocation and a $300 civil penalty. The penalties and fines for refusing to submit to a chemical test are separate from, and in addition to, the penalties and fines for alcohol or drug-related convictions.

Are License Penalties The Same For All Age Groups?
No. If you are under 21 when convicted of DWI or DWAI, your license will be revoked for at least one year. If you are found to have refused to take a chemical test, even if you are not convicted of DWI or DWAI, your license will be revoked for one year. If you commit a second such offense while you are under 21, your license will be revoked for at least one year or until you are 21, whichever is longer.

In both cases, if you are enrolled in the Drinking Driver Program (DDP) and have received a conditional license, you will remain in conditional license status for the full period of revocation.

In addition to the sanctions under these laws, if e found guilty of using a New York State Driver License or Non-Driver Identification Card as proof of age to illegally purchase alcoholic beverages, your driver license or privilege of applying for a license, will be suspended.

NOTE: Motorboat and snowmobile operators under 21 years old who drink alcohol are subject to similar penalties and sanctions against their motorboat or snowmobile operating privileges.

What Is The "Zero Tolerance" Law?
This law makes it illegal for a driver under age 21 to have consumed any alcohol. A police officer who believes you have consumed alcohol, but not enough to charge a violation of DWI or DWAI, may temporarily detain you to request or administer a chemical test to determine your Blood Alcohol Content (BAC). If your BAC is .02 to .07 percent, you will be notified to appear at a DMV hearing. If the judge's finding supports the charge, the penalty is a 6-month license suspension, a $125 civil penalty, and a $100 suspension termination fee. Each additional offense will result in your license being revoked for at least one year or until age 21, whichever is longer, plus a $125 civil penalty, and a $100 license re-application fee.

NOTE: If your BAC is .05 percent or greater, the police may charge you with driving while ability impaired or (DWAI) or driving while intoxicated (DWI), and may prosecute your arrest in criminal court.

What Is Blood Alcohol Content (BAC)?
BAC (Blood Alcohol Content) is a measure of the concentration of alcohol in a person's blood. It is the best predictor of the likelihood of crash involvement.

Is It Possible To "Plea Bargain" To Avoid A Conviction For Drinking And Driving?
No, the law prohibits a plea to a non-alcohol or drug-related violation.

What Is The "Ignition Interlock" Program?
Under some circumstances, a court can order a driver to purchase and install an ignition interlock device as a condition of probation that begins at the end of an alcohol or drug-related license revocation. This device connects to a motor vehicle ignition system and measures the alcohol content of the operator's breath. It prevents the vehicle from being started until the motorist provides an appropriate sample breath. In some counties, during the remaining period of probation, the motorist may be eligible to hold a post-revocation conditional license. This conditional license will be revoked if the motorist fails to comply with the terms of probation or for conviction of any traffic offense other than illegal parking, stopping or standing.

Source: New York State DWI DUI DWAI Laws