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dwi lawsDriving While Intoxicated (DWI) is a serious offense in New York State, with strict laws and significant penalties designed to deter impaired driving.

Blood Alcohol Concentration (BAC) Limits:

  • General Drivers: A BAC of 0.08% or higher constitutes DWI.
  • Commercial Drivers: A BAC of 0.04% or higher is considered DWI.
  • Underage Drivers: Drivers under 21 with a BAC between 0.02% and 0.07% violate the Zero Tolerance Law, facing administrative penalties rather than criminal charges.

Types of Alcohol and Drug-Related Violations:

  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol): BAC between 0.05% and 0.07% or other evidence of impairment.
  • Driving While Intoxicated (DWI): BAC of 0.08% or higher or other evidence of intoxication.
  • Aggravated Driving While Intoxicated (Aggravated DWI): BAC of 0.18% or higher.
  • Driving While Ability Impaired by Drugs (DWAI/Drug): Operating under the influence of drugs other than alcohol.
  • Driving While Ability Impaired by a Combination of Alcohol and Drugs (DWAI/Combination): Operating under the influence of both alcohol and drugs.

Implied Consent Law:

New York’s Implied Consent Law mandates that drivers submit to chemical testing (blood, breath, urine, or saliva) if suspected of impaired driving. Refusal results in automatic license suspension, regardless of conviction status.

Leandra’s Law:

Enacted in 2009, Leandra’s Law makes it a felony to drive intoxicated with a child passenger under 16. Penalties include up to four years in prison and mandatory installation of an ignition interlock device.

Additional Resources:

New York State Department of Motor Vehicles – Alcohol and Drug-Related Violations

New York State Police – Impaired Driving

New York Courts – DWI Information

It’s crucial to understand and adhere to New York’s DWI laws to ensure safety and avoid severe legal consequences.

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