Guest Columnist: Costly Penalties for DWI/DWAI

 

DWI and DWAI: The Consequences of Drinking and Driving in NY

By Fay Wein

Drinking and driving is a serious offense and the consequences are far reaching. In NY, drinking and driving is known as either DWI or DWAI, depending on the amount that one drinks. In this article we’d like to focus on some of the FAQs and the consequences of DWI and DWAI.

What is the DWI and DWAI?

DWI is Driving While Intoxicated, otherwise known in most states as DUI (Driving Under the Influence). DWAI is driving While Ability Impaired, which is a much less severe than drunken driving (DWI).

How many drinks will get me to DWI/DWAI?

In general, a sophisticated system of measuring the BAC, or Blood Alcohol Content, of the driver is used in order to determine the level of impairment. There are many factors that affect ones BAC including, body mass, amount of time that has elapsed since imbibing the drinks, and how much food was consumed along with the drinks, among other factors. The BAC level for DWAI is 0.05%, while for DWI it is 0.08%.

For the average male weighing approx 160 lbs, how many drinks would be DWAI/DWI?

According to basic figures, an average male having one drink of alcohol, would amount to a BAC of only 0.02%. A drink is considered one of the following; a 12 Oz bottle of beer, a 5 Oz glass of wine or a 1.5 Oz shot glass of hard liquor. This amount is not yet considered DWI, or even DWAI, unless the driver is less than 21 years old, in which case there is a zero-tolerance law in effect prohibiting any amount of alcohol consumption. A second drink would bring the BAC up to 0.04%– still under the radar. A third and fourth drink would make it DWAI (0.06%) and DWI (0.08%), respectively.

What are the financial consequences of drunk driving?

For a first time offense, a DWAI violator will be fined between $300 and $500 in civil penalties. For DWI, the penalties start at about $500 and can go up to $1,000 for a first offense. A second offense is going to cost $500-$750 for DWAI and $1,000 to $5,000 for DWI. In addition to these fines, $750 needs to be paid to the DDP (Drinking Driver Program), $250 per year, over a period of three years.

What other consequences are there?

Plenty; here are some of them:

• First, there is license suspension or revocation. For DWAI, a first offense will cause your license to be suspended for 90 days and a second offense will have it revoked for 6 months. For DWI, a first offense gets your license revoked for 1 year and up to 4 years for a second offense within 10 years.

• Then there is jail time. First time DWAI offenders can spend up to 15 days in jail for a 1st offense, 30 days for a 2nd offense, and 180 days for 3rd time offenders. DWI violators really get to experience prison life with one-year, four-year and seven-year terms respectively for 1st, 2nd and 3rd time offenses.

• If you refuse the breathalyzer. Refusing the breathalyzer or chemical test is a severe infraction and carries a $500 penalty, license revocation for up to one year and $100 to reinstate your license.

• Drivers under 21. Drivers under 21-as mentioned- due to the prevalence of drunk driving in younger drivers, along with the additional risk factor of inexperience and recklessness, are hit with additional consequences. On top of all the above, they may have an Ignition Interlock device (IID) installed by the DMV in their vehicle after the termination of the license suspensions. This device will disable the ignition if alcohol is detected. A probational period will need to be satisfied in order to regain full driving privileges.

• Criminal record. DWI, and reckless driving that often goes along with it, have the potential of ruining an individual’s driving and personal record for years to come and sometimes even permanently. It may hurt the drunken driver unexpectedly when it comes up in a job background check, causing much embarrassment and anguish.

• Insurance premiums. It goes without saying that DWI-related violations will significantly increase your auto insurance premiums. According to some studies, the rates may go up by as much as 19% for a first time DWI offense!

Do I need to go to court?

If you have been pulled over and charged with DWI, you will need to go to court in order for the judge to determine the fines, jail time and other penalties. These will be decided based on a myriad of factors and cannot be done by mail or online. Often the assistance of a qualified attorney is recommended, especially if there is manslaughter or reckless driving involved, which are criminal offenses. Be sure to reach out to an attorney experienced with DWI in NY.

Conclusion:

We need to remain aware of the dangers of drinking and driving. Always make sure to assign a friend or your spouse to do the driving and make sure the car keys are out of reach of guests that have been drinking.

 

About the author:  Fay Wein is a content specialist at The Law Offices of Zev Goldstein Law, a NY attorney specializing in traffic tickets and other driving-related crimes. Fay loves cooking, blogging, and spending time with her family.