Legal Limit for Blood Alcohol Concentration (BAC) in NY
The legal BAC limit for drivers in New York is determined by law and varies based on the age and occupation of the driver. The following categories apply to the legal BAC limit for drivers: Commercial Drivers – 0.08% All drivers above the age of 21 and operating a non-commercial vehicle – 0.08% Drivers operating a bus with a capacity of more than 15 passengers – 0.04% Drivers under 21 years of age – 0.02% Drivers operating a school vehicle – 0.04% Drivers of taxi cabs and certain for hire vehicles – 0.04% Vehicles owned by the State, any county, city, town , village or other governmental entity – 0.02% For commercial drivers in New York, if you break any of the above laws, your employer may be held responsible for damages related to the accident. Because New York is a zero-tolerance state, any driver caught operating a vehicle with a BAC of 0.02% or higher will immediately have his or her license suspended. If you are arrested for a BAC of 0.08% or higher, your license will not automatically be suspended. However, an administrative hearing will be held to determine whether or not your license should remain suspended.
Penalties for Going Over the Limit
Individuals who do not adhere to the legal alcohol limits put their lives and the lives of others at risk. Driving while intoxicated is a serious offense.
DWI is punishable by fines, license suspensions, and in some cases, imprisonment. If a motorist has a blood alcohol concentration (BAC) above 0.08, they will be arrested, fined, and potentially even incarcerated. The law in New York is strict with people who choose to ignore the legal BAC limit.
The penalties for including fines, jail time, a revoked license, and points. Additionally, the state will accomplish what is referred to as a ‘Driver Responsibility Assessment.’ This is a surcharge that is an additional payment, on top of the standard fine, heated out for three years. The fines vary within each category of DWI and range anywhere from $300 to $2,500. The jail time can be anywhere from 15 days to up to 4 years. In New York, the Driver’s Vehicle Responsibility Assessment (DVRVA) is what ultimately lies in wait for all motorists caught behind the wheel while intoxicated above the legal limit. The DVRVA amount will depend upon whether this is a person’s first or fifth DWI. If an individual is caught driving with a BAC of 0.08 or above for the first time, the DVRVA is $250 per year for three years, meaning a total of $750 will be tacked onto the fine each year for three years. That fee will increase for each offense. The DVRVA will increase every single time an individual is caught behind the wheel while intoxicated and found guilty. If they are caught five times while driving drunk, they will owe the state of New York a whopping $12,500. Although it will not completely break the bank if you are caught behind the wheel while intoxicated, a fine for drunk driving is more than triple the $250 fine that is issued for talking on a cellphone while driving in New York. New York is notorious for its heavy-handed alcohol laws and penalties, even for a first-time DWI offense.
Effects of Alcohol on Driving
Alcohol is a depressant. This means that, when consumed, it causes brain activity to begin to slow, allowing the body to relax. Further, alcohol may also slow parts of the brain that control fine eye and hand movements, which can have a significant effect on an individual’s driving ability. The University of South Florida determined that alcohol significantly impairs the eye movements or "saccades" of a driver as their blood alcohol is elevated. Specifically, researchers found that blood alcohol levels of .05 percent and .08 percent cause increased length of time to complete one eye movement, delays in initiating the first eye movement and a reduction in the number of eye movements made.
Research has shown that alcohol begins to impair an individual’s perception, judgment, motor functions and reaction time at 0.02 percent. The National Highway Traffic Safety Administration has also stated that alcohol-related impairment occurs at a blood alcohol content of 0.05 percent and more dramatically at 0.10 percent.
How to Avoid Exceeding It
Simplicity itself would indicate that a person should count the number of drinks consumed over period of time. However, as was indicated earlier in this article, the factors which make up a blood alcohol level are not static, and may change within a few minutes. While subject to other legal roads or paths, it is recommended that a person use his own personal breathalyzer. It will not only give a fairly accurate representation of how much alcohol a person has in their system at a particular time, but will also be helpful in monitoring their rate of drinking to make sure they stay under the legal limit for the entire period of time the activity lasts. As drinking progresses through the day or evening a person should seriously consider being brought home by someone who is not drinking. Or make plans to take public transportation or charter a car service. This is especially true if the drinking will go into the late evening and early morning hours and will require the driver to be awake and alert . For those who have shot of liquor, a beer, or glass of wine on a fairly regular basis each day or week and who will never exceed two or more of the recommended drinks at any time, their blood alcohol level after consuming these beverages will not reach a point to impair there judgment if they drink about 1 drink per hour. Keep in mind that these indicators do not take into account the significant differences in reaction of different people to alcohol. If you plan to drive or operate machinery, allow yourself more time than what the above article indicates. You may have to get out and walk around a little bit to help clear your head before operating a vehicle, taking time to allow you BAC to drop, or just wait until you sober up before getting behind the wheel of your car or other motor vehicle. You will be doing this not only for the safety of others, but also for your own safety as well.
Recent Update to Alcohol Percent in NY Law
In addition to the permanent .08 BAC limit enacted in New York in 1990, in the last few years there have been a number of temporary measures passed in an attempt to further reduce the rates of drunken accidents and deaths. In 2013, in light of major alcohol-related accidents in Westchester, Rockland, and Nassau counties, New York imposed stricter alcohol limits for drivers who hold provisional, restricted, or conditional licenses. Under 2013 NY S. 1635, such drivers are immediately suspended when they accumulate 11 points on their record, compared to the standard limit of 14 points before suspension takes effect. For first time offenders, instead of having their provisional driving privileges permanently revoked, they can regain their right to drive by completing a state-recognized alcohol awareness program after six months. Repeat offenders have to wait a year. This law was extended in 2017, continuing to allow more stringent penalties for repeat offenders with conditional, junior, or restricted licenses.
Local jurisdictions have also taken action. In 2016, New York City Mayor Bill de Blasio signed into law Local Law No. 205 of 2016, also known as the 4-A DWI Prevention and Mitigation Program. This amended New York City’s traffic code to provide a "Driving While Intoxicated (DWI) Prevention and Mitigation Program" run by the city. By providing an educational video on how to prevent drunken driving, it is hoped that those who have committed DWI offenses will not repeat them. The program is also seen as a way to lessen the burden of alcohol-related accidents on New York’s healthcare system. A similar program already existed in Westchester County, and was found to have had a significant positive impact on drinking and driving in that county. In addition to the informational video in a drinking and driving prevention program, Local Law No. 205 also created an interactive criminal justice-themed exhibit at the Staten Island Children Museum, and required the city’s Department of Education to integrate a program on the dangers of underage drinking into its curriculums.
Legal Options When Charged with a DWI
Your first step in defending yourself against a DWI charge should be to find a lawyer who is experienced in how the state and federal legal systems handle these kinds of offenses. A good attorney can list the defenses that may work for your situation, including whether or not a breath analyzer was improperly used. Nikita Bukharov, an assistant professor at Villanova University, has surveyed several hundred law firms in New York state, and noted that judges , police and lawyers in various counties prefer different tests and methods of success. Thus, you need a lawyer who knows specifically which of these defense methods has the best chances of success in your particular county. It may also be to your benefit to contact support groups such as Alcoholics Anonymous, New York Alcohol and Substance Abuse Referral Center or the New York State Department of Motor Vehicles to discuss options available to you to get help for your alcohol problem.
