First of all, congrats on getting into Ithaca College or Cornell University or TC3. College is an awesome time of life and I encourage you to take full advantage while you can.
That said, this post aims to give you the facts about NY DWI law so you can make educated decisions while enjoying your college days.
JUST THE FACTS, MA'AM.
1. DRUNK DRIVING...BUT YOU'RE NOT EVEN BUZZED?!?
YES. If your BAC is only 0.01% you can be charged with violation level drunk driving [Driving While Ability Impaired, VTL s. 1192.1]. So basically, any drinking --even 1 drink--could hypothetically get you charged with a pretty serious crime if you are unlucky enough to get pulled over. And the police can (and will) pull you over for a tail light out or failing to use a turn signal etc.
What's penalties for DWAI (1192.1) ?
-90 day license suspension
-up to 15 days in jail
-fines between $300-$500
-mandatory court surcharges of either $255 or $260
- attendance at Victim Impact Panel (a class)
-mandatory NY DMV civil fines of $250 per year for THREE years (i.e. $750)
IF UNDER age 21 (as most college freshman are...)--license revocation for 1 year!
Bottom line: That's ALOT OF $$$$ for no buzz. It's in your best interest to take a cab because the 5 different police departments in Ithaca, NY specifically pull over cars full of college kids looking for drunk driving. You will NOT get the benefit of the doubt by the officer on scene.
2. DWI > over 0.08% BAC. The legal limit in NY is 0.08%. To charge somebody with DWI over 0.08% VTL 1192.2 (you actually have to be OVER...so 0.09% - 0.17% BAC). There is also a common law DWI charge VTL 1192.3. The major difference is that it doesn't specify a BAC number. So the prosecutor has more room to try to make a case if somebody refuses the chemical test. Every Defendant charged with DWI over .08 (VTL 1192.2) is charged with both of these crimes .
3. Aggravated DWI in NY is 0.18% BAC or over. The penalties increase as the BAC increases. More fines, more surcharges, longer license suspensions, drunk driving programs and the 1 year jail term or 3 years probation etc. etc. etc.
4. REFUSING TO TAKE A TEST:
There are couple different kinds of refusals because there are different tests that the police make you take at the side of the road or back at the station.
A. Alco-sensor Preliminary Breath Test (aka PBT). This is a preliminary screening tool for the police to assess drunk driving. It is NOT admissible in Court. However, if you refuse, you will be subject to civil penalties that are similar to a traffic ticket. The Penalties are:
VTL s.1194(1)(b): $0-$150 fine plus $250 per year x 3 years to DMV plus $88 or $93 surcharge (depending on court)
B. Field Sobriety Tests. There are 3 national standardized field sobriety tests (SFSTs): The walk and turn, one-legged stand, and horizontal gaze nystagmus test (HGN). The SFSTs are admissible in court and the officer will discuss them ALOT. If you refuse them, the prosecutor can use the refusal as evidence against you. There are no other criminal or civil penalties for refusing these tests.
C. Chemical Tests (chemical breath tests and blood tests). If you refuse these tests, there are significant penalties by the DMV. They include loss of license for 1 year (consecutively with any suspension given for the criminal charges...), civil fines of $750 over 3 years, etc. You are entitled to a refusal hearing if you refuse these tests. Also, the police officer has a strict set of guidelines that they have to abide by for the refusal to be deemed "knowing and intelligent." They have to ask you a series of times and make notes about each refusal. It's not hard to meet those guidelines though, the police are given a card to read each time they ask you, and if they follow the card they meet the guidelines.
Regardless, you need an attorney to question them hard about the way the refusal questions were given--and MOST IMPORTANTLY, you need an attorney to attend the DMV refusal hearing because it is a terrific way to generate evidence to use in a future criminal suppression hearing or trial.
[Professional note: if you have a lawyer who will not attend a refusal hearing and question the officer, get a new lawyer. It's that big a deal.]
--SUMMARY THOUGHTS--
Hope this info will help you navigate drinking during freshman year and beyond. Welcome to Ithaca!
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
Twitter: @ithacadwi
