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Motorcycling While Intoxicated and
your Privilege to Drive in New York
Whether you are from Canada or from any of the United States getting pulled over for a Motorcycle DWI in New York called an MWI (motorcycling while intoxicated) will lead to a suspension of your automobile driving privileges.
There is a reciprocity of sorts between driving privileges, and riding privileges. I'm going to break it down into three easy chunks:
1. In New York State any motorized vehicle under NYS VTL section 1192 (our DWI laws) includes a motor bike, golf cart, snow mobile, or scooter.
If it has an electric motor or a gas powered motor or even I guess a solar powered motor (it is Ithaca), anything beyond animal power is the key here. So in New York State it is ok to ride a horse or ride an animal pulled carriage or a bicycle after having a few drinks. I would not certain not endanger people by riding in that fashion but it doesn't break any major laws. Don't laugh about this because some states make it a crime to ride a bicycle or a horse while drunk.
2. Then the rider or operator must not be under the influence (impaired or intoxicated) by drugs and/or alcohol.
3. If you are charged with any DWI while on a scooter, golf cart, or motorcycle then it will lead to your driver's license privilege suspension by the court and/or DMV.
Some caveats:
1. If you refuse to take a chemical test of your blood or breath then that will lead to a court suspension and potential DMV revocation of driving privileges
2. If you take a chemical test and it is over .08 BAC (blood alcohol content) then the court must suspend your NYS driving privileges, and all other privileges including motorcycling.
3. If you are charged with a DWAI drugs then there will not be an immediate court suspension of driving privileges unless the judge decides you are a danger to yourself and others.
4. New York State judges only have power over NYS driving and riding privileges not over out-of-state driving and riding privileges. Your out-of-state license whether for a car or a motorcycle will still be in affect while your NYS matter is pending.
5. At the conclusion of your New York State DWI or MWI case the NYS suspension or revocation will usually get back to your home state or Canada.
Depending upon the state of your driver's license they may or may not take additional action upon your driving or riding privileges.
If you have questions about a DWI case in
NY, call
us: 607-229-5184
Or find us online! www.ithacadwi.com
www.watkinsglendwi.com
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BY NEWMAN & CYR
Copyright 2016. Educational Purposes Only.
*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.
*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.
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