DWI Facts

Alcohol Content in Drinks

Each of the following drinks contains an equal amount of alcohol:

12-oz. can of beer at 5% alcohol content
5-oz. glass of wine at 12% alcohol content
1.5-oz. shot of 80-proof liquor
12-oz. wine cooler at 5% alcohol content

Coffee Cannot Make Someone Sober

Coffee cannot make someone sober. The person may be more awake, but just as drunk. Only time can make someone sober. It takes at least an hour per drink for the alcohol to leave the body's system.

Blood Alcohol Content (BAC) and how it affects drivers:

BAC	Affect
.02 - .03	Reduced reaction time and divided attention. Drowsiness. Decline in visual functions.
.04 - .05	Clouded judgement, impairment of the sensory motor skills, increased risk-taking. Difficulty steering. Reduced response to respond to emergency driving situations.
.06 - .07	Impaired tracking difficulties, impaired vision and hearing. Difficulty detecting danger, inability to focus, and perception impaired.
.08 - .10	Information processing deficit, risky decision-making, problems with speed control, poor/slowed coordination, difficulty pronouncing words.
.10 - .12	Reduction in concentration, attention and perception. Reduced ability to maintain lane position and brake correctly.
.13 - .15	Unable to function behind the wheel. Gross motor impairment and lack of physical control in vehicle. Blurred vision and impaired auditory information processing capability. Judgement and perception are severely impaired.

What affects BAC?

Blood alcohol is affected by the amount of alcohol ingested, the time it takes to drink the alcohol, gender, weight, amount of food eaten, overall health, fatigue and genetics.

How much can a person drink before becoming impaired?

There is no easy answer, any amount of alcohol will, to some degree, affect a person's ability to drive.

NYS Drunk Driving Statistics

The most likely drivers to be killed in a drunk driving crash are males in their early 20s.
The most frequently arrested drunk drivers are males in their 30s.
45% of those killed in alcohol-related crashes are the driver.
Nationally, 3 out of 10 people will be in an alcohol-related crash in their lifetime.

Alcohol Related Laws in New York State

New York State Vehicle & Traffic Law ~ Article 31 Section §1192 ~ Operating a motor vehicle under the influence of alcohol or drugs.

§1192.a Zero Tolerance (under the age of 21) ~ BAC .02 and above

§1192.1 Driving with Ability Impaired (DWAI) ~ BAC .05 - .079

§1192.2 or §1192.3 Driving While Intoxicated (DWI) ~ BAC .08 or higher

§1192.2-a Aggravated Driving While Intoxicated ~ BAC .18 or higher

§1192.5 or §1192.6 Commercial Motor Vehicles ~ BAC .04 or higher

§1192.2-a(b) Aggravated Driving While Intoxicated with Child in Car (Leandra's Law) ~ BAC .08 or higher

Leandra's Law

Eleven-year-old Leandra Rosado’s life came to a tragic end on October 11, 2009, in a DWI crash on the Henry Hudson Parkway. She and six other children were in a car driven by Carmen Huertas, a friend’s mother, who was under the influence of alcohol. The vehicle spun out of control and Leandra’s body was ejected out of the vehicles window causing her death. The six other children were seriously injured as well. Leandra’s father, Lenny Rosado, has become a fierce proponent of harsher DWI laws and his lobbying combined with momentum from the tragic crash has led to quick changes in New York’s DWI laws.

The Proposed Legislation became effective as Law November 18, 2009:

Any person operating a motor vehicle while intoxicated (.08 BAC or greater) or impaired by drugs and transporting a child 15 years old or younger shall be charged with a Class E felony punishable by up to 4 years in state prison.

Ignition Interlock Mandate effective August 15, 2010:

Any driver upon conviction for a misdemeanor or felony DWI offense as part of any sentence must have an interlock device installed on all vehicles owned or operated by the defendant. The driver is responsible for paying for the installation and maintenance of the interlock device.

Vince’s Law (Multiple DWI Offenses)

The penalty levels for offenders who commit four or more DWI offenses within 15 years is a Class D Felony with an indeterminate prison sentence 2 1/3 to 7 years in state prison and a fine of up to $10,000.

Sean’s Law

This Law allows the judge to suspend the license or learner’s permit of a minor charged with DWI or DWAI until the minor’s next court appearance.

Tiffany’s Law

Directs that the judge consider prior DWI or DWAI convictions when sentencing a person for Boating While Intoxicated or Boating While Ability Impaired.

ADDITIONAL CONSIDERATIONS WHEN YOUR LICENSE IS REVOKED: The Department of Motor Vehicles determines when your license can be returned if it is revoked. The restoration or reinstatement of a revoked license is not automatic. You must reapply for your license and may have to pass tests.

Relicensure applicants with two or more alcohol or drugged driving related convictions or incidents within the preceding 25 years will be required to serve their entire revocation period and will be required to submit proof of rehabilitation.

Relicensure applicants with three or four alcohol or drug driving related convictions or chemical test refusals within 25 years, but no serious driving offenses, must wait at least five years before submitting a relicensure application. An applicant with three or four alcohol or drug driving related convictions or chemical test refusals within 25 years, along with a serious driving offense, will be permanently revoked. Also, persons with five or more alcohol or drug related driving convictions in a lifetime will be permanently revoked. Those denied relicensure will have the opportunity to request an exception to the denial.

Additional information on how to request restoration after a driver license revocation can be found on the DMV website.

Courts must order all drivers convicted of misdemeanor or felony drunk-driving charges to install and maintain ignition interlock devices on any vehicles they own or operate at their own expense, in addition to any other terms of sentence.