There are several ways to be charged for drunk driving in the state of New York. The basic charge is driving while intoxicated (DWI). Drivers who have a blood alcohol concentration (BAC) of 0.08% or higher or whos ability to drive is visibly impaired are charged with a DWI. A driving while ability is impaired (DWAI) is charged when the driver has a BAC of .05 to .07, or if there is evidence of impairment. A DWAI/Drugs charge means that the drivers ability to operate a vehicle is impaired by a substance other than alcohol. That substance can be anything that impairs the driver, from an illegal drug to a prescription drug. A driver can also be charged if they refuse the chemical test that determines BAC. If the driver refuses, their license may be revoked, and there is a $350 civil penalty fine. New York also has a zero tolerance law, so any driver under the age of 21 will be charged with a DWI if their BAC is .02 or higher.
If the driver is just receiving their first New York DWI offense, then they will face up to 1 year in jail. They will be fined a minimum of $500 to $1,000. Their license will also be suspended for at least 6 months, and they will have to pay a reinstatement surcharge at the end of that period. Finally, New York courts sentence offending drivers to attend mandatory alcohol screenings and evaluations.
Understanding DUI Records in Business Crime and Franchising in New York
Franchising in New York requires careful consideration of business crimes like DUIs within legal agreements. Franchisees with DUI records may face obstacles in obtaining necessary permits and insurance, affecting their ability to meet franchise obligations. Addressing these issues through comprehensive legal agreements and background checks is essential to maintain compliance and protect both franchisors and franchisees. This due diligence ensures smooth franchise operations and safeguards all parties involved.
DUI / DWI facts and statistics in New York
- In 2017, 29 out of the 295 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 82 out of the 27,136 offenders caught for DUI / DWI were under the age of 18
- In 2018, 21 out of the 307 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 59 out of the 25,094 offenders caught for DUI / DWI were under the age of 18
source: responsibility.org, fbi.gov
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