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5 Answers To New York DWI Questions

Published October 25, 2012 by Scott Gottlieb, Injury Law Attorney

Did you know New York’s drunk driving laws were beefed up recently?

These changes make New York one of the toughest states in the nation in cracking down on motorists who drive under the influence of alcohol or drugs.

Following are answers to five common questions about New York DWI law:

  • When is a driver considered drunk? A Blood Alcohol Content (BAC) level of .08 or higher is evidence of intoxication. For drivers of commercial motor vehicles, the level is .04 BAC or higher. Aggravated DWI is .18 BAC or higher.
  • What factors determine my BAC level? The amount of alcohol you drink; the amount of food you eat before drinking; the length of time drinking; your body weight; your gender.
  • What are the penalties for drunk driving? Even first offenders face harsh penalties, including the loss of driving privileges, fines and possible jail time.
  • What is the Zero Tolerance Law? A driver who is less than 21 years of age and who drives with a .02 to .07 BAC violates the Zero Tolerance Law.
  • What if I refuse to take a breathalyzer test? A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can have their license revoked for at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a commercial driver) to apply for a new driver’s license.

Last year more than 300 people were killed and 6,000 injured on New York’s highways as a direct result of alcohol-related crashes. In 2010, alcohol was involved in 29 percent of all fatal wrecks. Crashes involving alcohol are 10 times more likely to cause a fatality than crashes that do not involve alcohol.

An estimated 20,000 drivers will have their licenses permanently revoked or delayed this year because of alcohol-related offenses.

Scott C. Gottlieb, Injury Law Attorney, has seen the devastation caused by drunk drivers. He supports efforts to keep them off our roads.

Hire a New York Personal Injury Attorney

Have you or a loved one been in an accident caused by an intoxicated driver? Do you have a question about New York’s DWI laws? Get a free consultation with an experienced Binghamton auto accident attorney today. Call (607) 304-4121 or use our online form.


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