DWI New York - intoduction
DWI, or driving while intoxicated, is a huge social safety issue not just in New York State but in the entire country. That said, those found in violation of New York State DWI laws can expect to receive some harsh penalties. Given the huge number of fatalities, injuries, and property damage as a direct result of driving while intoxicated, many advocacy groups are calling for even tougher DWI laws.
Under the best circumstance a DWI conviction in New York can be a very expensive and disruptive experience. Under the worst scenario, the offender may find themselves facing jail or even prison time should their actions result in harm to another person.
Our purposes here are to give the reader some indication of what to expect if they are arrested and found guilty of DWI in New York State. We are not lawyers and do not propose to be giving legal advice. We strongly urge anyone convicted of DWI to contact a good DWI lawyer for proper legal advisement.
First, it is important for the average person to understand that it is not necessary to spend an evening of hard drinking to qualify for a DWI conviction. It can just as easily be something as innocent as a few glasses of wine with dinner or a few beers with the guys during Monday night football. It is also not necessary to be speeding or driving erratically in order to be pulled over. A burned out brake light or license plate light, rolling through a stop sign, or changing lanes without signaling can be enough incentive to be stopped by law enforcement. A traffic accident after drinking, be it your fault or not, is a common way in which many are caught. And then of course there are the random "DWI checkpoints" specifically set up to catch offenders.
A blood alcohol content of 0.08% or higher is all it takes to be convicted of DWI. As every person is different and every circumstance is different, it is impossible to say exactly how many drinks it will take a particular individual to reach the 0.08% BAC level. A blood alcohol level of 0.15% or higher will subject the driver to increased penalties. Those under the age of 21 are subject to New York State zero-tolerance law and may be convicted of DWI with a BAC of only 0.02%.
As you can see, it is quite easy for anyone who drinks and drives in New York State to be arrested for driving while intoxicated (DWI). This leads us to the very common question of "how many drinks will it take before I am legally drunk?". Unfortunately, there are no hard and fast answers as very individual reacts to alcohol differently. A number of factors come into play. Among them: gender, weight, time of day , type of alcohol consumed, whether or not you have eaten recently, age, physical condition, medications taken, and your general tolerance level for alcohol. As you can see, it is really impossible to accurately predict. The only way to "sober up" is to allow the body to metabolize the alcohol you have consumed. Your body will metabolize (or eliminate) about one drink per hour. And don't be deceived by the myth that coffee or a cold shower will help. They make you more awake, but time is the only factor that will reduce the alcohol levels in your blood stream.