Brian D. Perskin & Associates, P.C. Articles Important Facts to Know About Drinking and Driving Penalties

Important Facts to Know About Drinking and Driving Penalties

By Brian D. Perskin & Associates, P.C.  Jan. 8, 2011 3:00p

In New York, the penalties are harsh for drinking and driving; if an individual is stopped for suspicion of being under the influence and has a blood alcohol content level (BAC) .08 % or higher, he or she may be arrested for driving under the influence. The penalty you can receive for the lowest type of offense, driving while ability impaired (DWAI), is up to $300.00 in monetary fines, up to fifteen days in jail and a 90 day suspension of your driver's license and other possible penalties.

A Few Statistics

Many statistics have been compiled over the years relating to drunken driving accidents due to their frequency; following are just a few:

  • Drivers with high BAC levels have a much higher likelihood (385 times higher) to die in single vehicle accidents that those drivers who are sober.
  • A survey done by the National Highway Traffic Administration (NHTA) concluded that three out of every ten people in the U.S. are involved in at least one alcohol related accident during their lifetime.
  • The percentage of teen-age related drunk driving accidents is far too high and in 2007, statistics showed that 11% of the drunken driving deaths in our country were caused by teenagers.
  • $73 billion dollars are lost each year in the U.S due to alcohol related accidents.


Drunk driving is a problem in every state and many laws have been passed to try to curb the problem and save lives.

  • It is illegal in 43 different states to have an open bottle of alcohol in a car regardless of whether it belongs to the driver or a passenger.
  • Some states have now made it a law that drivers who have been convicted of driving while intoxicated will be subjected to a mandatory installation of an ignition interlocking device that tests their breath for alcohol prior to starting the car.
  • In many states, driver's license suspension is now being implemented even prior to DUI conviction also known as the process of (administrative license suspension.)

Additional penalties can also be levied such as community service, alcohol or drug treatment, probation or parole, and so forth. If you have been accused of a DUI in the New York area, you need to contact a New York criminal defense attorney who is competent and experienced. At the Law Offices of Brian Perskin, we are strong, aggressive and skilled criminal defense attorneys servicing individuals in the Bronx, Brooklyn, Manhattan and Queens, New York, including DUI defense.

Contact a New York DUI Lawyer at our firm today for a free case evaluation.

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