Accessing New York Drunk Driving Records

All DUI as well as DWI offenses are collectively termed as instances of drunk driving. New York drunk driving cases are filed in accordance with the DUI laws of the United States which was adopted in the year 2005. Being arrested for drunk driving in New York will actually initiate a criminal case which is heard at a court of law. In addition, the same offense will also make you liable to have certain civil privileges withdrawn by the Department of Motor Vehicles of New York State. Most of the DWI and DWAI arrests are made on the basis of per se evidence which is based on the amount of alcohol detected in the body. However, a few New York drunk driving arrests are also made according to the common law theory where the officer making the arrest is convinced that the driver is operating under impaired skills on account of being intoxicated.

New York Drunk Driving Laws

The DWI laws of New York are somewhat similar to the laws followed by the other states of America and a person found to possess an excess of 0.08% of alcohol in the blood stream is liable to be detained on grounds of drunk driving. Having a BAC level slightly lesser than the permissible amount will not absolve your offense either. You may then be charged with DWAI where the arresting officer is perfectly within the law to arrest you if he/she happens to find your driving skills impaired due to alcohol. The same holds true for individuals found to be driving dangerously while under the influence of drugs (DWAI-Drugs).

The legal system of New York makes it impossible to reduce the severity of your offense if you are found guilty of DWI or DWAI. It is only rarely that an attorney can establish the fact that you were not actually under the influence of intoxicating substances during the arrest. However, such instances of violations can never be scaled down to speeding or to a lesser traffic offense.

While 0.08% is the standard that is strictly adhered to in adjudging a case of drunk driving, commercial drivers are considered to be guilty of the same offense if their BAC levels exceed 0.04%. The DMV is empowered to suspend or revoke your driving license immediately and you will have to do without any driving privileges until you serve your sentence in jail and pay the necessary fine amount for violating the state codes.

The state of New York has no tolerance for underage drunk drivers either. The permissible blood alcohol concentration level is set at 0.02% for young drivers under the age of 21. The penalties imposed include a revocation of the driving license for a period of one year. Enrolling yourself in a ‘drinking driver program’ will help you to operate a vehicle on a conditional license which will remain in effect until the period of revocation is in force.

The Department of Motor Vehicles is also entrusted with Traffic Safety throughout the state of New York. The department has a detailed webpage (http://www.nydmv.state.ny.us/broch/c39.htm) dedicated to the various DWI and DWAI laws including the penalties imposed on violation of the state statutes.

New York Drunk Driving Records

DUI/DWI records are included in the driving records along with other instances of traffic law violations. The Department of Motor Vehicles can be requested for obtaining a copy of your own driving records. It is possible to receive the records within two weeks by mail if you write to the MV-15 Processing, NYS Department of Motor Vehicles, 6 Empire State Plaza, Albany, NY 12228. An identity proof as well as a fee of $10 is required to be enclosed along with the completed request form as well.

The various office locations as well as other contact information can also be retrieved by accessing the online resource of the Department of Motor Vehicles at http://www.nydmv.state.ny.us/. Inquiries about the process of acquiring the details of drunk driving records can be directed to the DMV call centers (http://www.nydmv.state.ny.us/call.htm).

The driving records do not form a part of the open record system and cannot be accessed by the members of the general public. Insurance companies and prospective employers are allowed to verify the details by accessing the driving records of a third person. All governmental agencies including the various law enforcement departments of the state are also permitted to use the information obtained from the records for official purposes only.

The records of various drunk driving cases which come up for hearing at the local county courts of the state can be retrieved by requesting a search through the databases of the local court houses. The procedure for conducting a search is relatively easy as it requires a minimum of information.