Alcohol-impaired driving fatalities accounted for 29% of the total vehicle traffic fatalities in 2017, according to the Foundation for Advancing Alcohol Responsibility. Drunk drivers should be imprisoned on the first offense, based on the severity and circumstances. According to Nave Law Firm, New York has one of the lowest arrest rates in proportion to its population (0.19%) but proves the trend that alcohol is responsible for 1/3 of all car crashes.
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Stated by the National Highway Traffic Safety Administration, about 1.5 million people were arrested in a given year for driving under the influence of alcohol. This means that one out of every 121 licensed drivers were arrested for drunk driving. (Drunk Driving Arrest Statistics 1) It is clear that based on statistics and state laws, driving while intoxicated is a serious issue that is continuing to grow.
In New York and every other state, the legal blood alcohol content (BAC) level limit is 0.08%. This means that someone with a BAC of 0.08% or more is legally considered drunk, or intoxicated. There are several different alcohol violations in New York State. The first type of violation is Driving While Intoxicated (DWI), which is a blood alcohol content of .08 or higher. There is also Aggravated DWI which is a BAC of .18 or higher. The next violation is Driving While Ability Impaired by Alcohol DWAI/Alcohol, which would classify as a BAC of more than .05 but less than .07. Your DWI penalties depend on factors such as your age, the substance impairing you, your driver’s license, and whether you submitted to a chemical test (DUI and DWI in New York 2).
According to the Department of Motor Vehicles, if you are younger than 21 years old and you’re caught driving with a BAC of 0.02% or higher, you’ve broken New York’s Zero Tolerance Law. If it is your first offense, you can receive a suspended license for six months, $125 civil penalty, $100 fee for suspension termination, possible enrollment in the New York Drinking Driver Program (DDP) and all the associated costs, and possible ignition interlock device installation and all associated costs. If it is your second offense, it is license revocation for 1 year or until you turn 21 years old, $125 civil penalty, $100 fee for suspension termination, possible enrollment in the DDP along with costs, and possible ignition interlock device installation.
If you are over the age of 21 and are charged with DWAI/Alcohol as a first offense, it is license suspension for 90 days, a $300 to $500 fine, a minimum $250 annual assessment fine, for a total of $750 in fines over 3 years, up to 15 days in jail,
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