New York DWI: Laws, Penalties and Records

Driving while intoxicated is considered to be a very serious offense in New York.  Law enforcement authorities deal with any kind of inebriated driving in the harshest manner possible. This is done in order to protect many innocent pedestrians who face a risk of losing their lives on account of impaired people behind the wheel. The number of mishaps caused by intoxicated drivers has been on the rise with almost a third of all deaths caused on the roads taking place due to violation of the New York DWI laws.

New York DWI is not a matter that is heard by the traffic court. It is considered to be a crime according to the jurisdiction of the state and is treated accordingly. Being convicted of DWI may result in the loss of driving privileges and paying hefty fines, and spending an extended period in jail as well.

Types of DWI Offenses

The New York DWI laws are divided into several subgroups in order to enforce the drunk driving laws in the state much more effectively. While a DWI is ascertained by the presence of 0.08 percent of BAC in the body, having a slightly lower amount of 0.05 percent to 0.07 percent of BAC can still make you liable for having committed DWAI or driving while ability impaired. While DWAI usually indicates people who drive after consumption of alcohol, persons driving after taking addictive drugs are also liable to be convicted of the same charge.

BAC Levels

The Blood Alcohol concentration levels are the benchmark for deciding the impairment of a driver. While crossing the legal limit of 0.08 percent is considered to be an offense, younger persons under the age of 21 are liable to be convicted of the same offense if found to possess a BAC level of 0.02 percent.

Open Container Law

The New York DWI rules also make it illegal to carry open containers of alcoholic drinks in the passenger compartment of the car. Intent to drink while driving is considered to be an offense. A young adult still under the age of 21 has no legal right to purchase alcoholic beverages.

Implied Consent Law

Any law enforcement agency of the state is authorized to detain you on suspicion of New York DWI violation. You are liable to take a field sobriety test which often includes a breath screening procedure. You are also required to cooperate with the police by giving your consent to be subjected to further chemical tests if you are arrested by the law enforcement authorities on charges of drunk driving.  Refusal to be tested can result in penalty measures.

The department of motor vehicles is authorized to revoke your license in such circumstances and you will have to refrain from driving for a period of one year. The period of license revocation is 18 months for a commercial driver as well as a young adult who has not attained the age of 21. A monetary fine of $500 for a first time refusal and a total of $750 for a similar kind of refusal for the second time is required to be paid to the department of motor vehicles as well.  The penalties for refusing to be tested are imposed in addition to the other penalties normally imposed for breaching New York DWI laws.

Zero Tolerance Law

The State of New York discourages driving while intoxicated especially in drivers below the age of 21. BAC levels of 0.02 to 0.07 percent are considered to be illegal for these young citizens under the zero tolerance law followed by the jurisdiction of the state of New York.  A fee of $125 with an additional charge of $100 for license renewal is normally imposed on the offender found to be violating the zero tolerance law in the state. Other penalties include the suspension of driving privileges for an initial period of 6 months. The time period increases by a year for each additional instance of the same offense or until the offender turns 21, whichever is later.

Ignition Interlock Installation

An offender convicted of New York DWI violation is required to install an ignition interlock device in his/her vehicle. The device measures the amount of alcohol present in the breath of the driver and the vehicle is locked until the operator of the vehicle tests his or her breath successfully. The order for installing the device is given by the court of law and the requirement to use the device is also noted on the driving license of the vehicle operator.

DWI Records

The DWI records of New York can be retrieved from the department of Motor Vehicles by writing to the department at NYS Department of Motor Vehicles, 6 Empire State Plaza, Albany, NY 12228.

It is possible to obtain a copy of your own driving record which includes the DWI offenses as well. The department gives out the record in person in exchange for a $10 fee. You need to provide proof of identity as well as a completed Form MV-15.  The DWI laws of the state can be viewed by accessing the official resource of the department at http://www.nydmv.state.ny.us/broch/c39.htm.

The state of New York does not permit you to access the driving records of another individual, but there are some exceptions made for prospective employers keen on doing a background check as well as insurance companies. You may be able to obtain the record of another person on basis of a written consent.

DWI convictions remain on the record for a total of ten years. If the driver is found to be guilty of similar charges again within the ten year period he/she is liable to have the last offense recorded for an additional period of ten years.

A severe DWI offense which results in vehicular homicide or permanent disability of the victim is treated as a felony instead of misdemeanor. Felony records are normally included within the criminal database of the state and conducting a criminal record search through the official resource of the state judicial system will help you to retrieve the DWI record. The DWI criminal records remain a part of the database throughout your life as it is impossible to get an expungement for a such an offense.