Driving While Drunk: Overview and Penalties

Did you know that drunk drivers cause more than 17,000 deaths annually. This equates to 310 funerals each week or one death every 30 minutes.

Did you know that in New York State slightly more than 30% of the fatal crashes are alcohol related.

There is also an injury every 2 minutes associate with drunk driving. A driver suspected of impaired driving may be asked to submit to a blood, breath, urine or saliva test to determine the presence of alcohol or drugs in the body.

About three in every ten Americans will be involved in an alcohol-related crash at some time in their lives.

Those drivers 21 to 24 years old were most likely to be intoxicated (BAC of 0.08 g/dl or greater) in fatal crashes in 2003. Thirty-two percent of drivers 21 to 24 years old involved in fatal crashes were intoxicated, followed by ages 25 to 34 (27 percent) and 35 to 44 (24 percent).

In New York State, a driver's ability to operate a motor vehicle may be considered legally impaired if their Blood Alcohol Concentration (BAC) exceeds 0.05% A driver is legally intoxicated if their BAC is 0.08% or greater.

Drivers on New York's highways are deemed to have given their consent to a test of their blood, breath, urine or saliva for the purpose of determining the presence of alcohol and or other drugs. A refusal to submit to a chemical test will result in automatic license suspension, even if found not guilty of impaired driving. This entire set of guidelines is called the Implied Consent Law.

If you are arrested for DWI here is what you can expect to face for fines and penalties:

1st DWI Offense

Jail sentence up to 1 year

$500 - $1,000 fine, plus fees

Minimum 6 month license suspension

Alcohol treatment, restitution victims, and community services.

2nd DWI Offense
(within 10 years)

Jail sentence up to 4 years

$1,000 - $5,000 fine, plus fees.

License revocation for 1 year minimum. (Ineligible for restricted privileges)

Alcohol treatment, restitution victims, and community services.

3rd DWI Offense +
(within 10 years)

Jail sentence up to 7 years

$2000 (minimum) - $10,000 fine plus fees

License revocation for 3 years minimum (Ineligible for restricted privileges)