Whether you are new in New York or had been staying here for a long time, you should know that ignorance of the law is not an excuse, especially if you drive your own automobile. Well, there is nothing wrong with driving a vehicle and you will not go to jail when you are aware that you have not violated the rules and regulations. However, as human beings, you are capable of committing mistakes, too. You cannot always guarantee that you will never break any of these existing rules and regulations. When that happens, you will face the authority.
Let’s say that you have gone to a party and started drinking alcohol, but you forgot to set your limit because you were enjoying and having fun. You do not want to leave your car behind because there is no available transportation going back home. Anyway, you know that you can still drive, but you did not think about the consequences of this action. On your way home, you were driving fast and have exceeded the city speed limit. Because of this, the police officers have to stop you and will be given a ticket for over speeding.
You still have another issue and that is driving drunk along the road of Albany. Of course, this is not just about receiving a ticket because they will check your BAC. The problem here is the result because it exceeded 0.05%. They may arrest and charge you with a DWI or Driving while Intoxicated. By the way, you can ask for a DWI lawyer because this is your right as a human being. Since this is a serious offense, it is a must to have someone, who will defend you. However, you also need to learn about this, especially now that you are facing it.
As impaired drivers, you will be classified according to the types of offense in New York. First, we have the DWI, where the BAC or blood alcohol concentration of a private car is over 0.08%. While for commercial auto drivers, they will be charged when having a 0.04% BAC or higher. And then, a driver, having 0.18% of the BAC or higher, with a passenger, whose age is 15 downwards, will be charged with an Aggravated DWI.
Some individuals may receive an Alcohol-DWAI or Drug-DWAI – driving while ability impaired. This is for a prudent and reasonable driver, who is impaired by an alcohol or drugs to any extent. While others may be charged with Combination-DWAI, especially when the driver is traced with alcohol and drug use.
Pretty sure that you are aware about the administrative penalties set by the law. Anyway, this penalty will always depend on the number of offenses made. By the way, you need to install the ignition interlock device and this will last for 6 months of probation and release. Go to http://www.ncsl.org/research/transportation/state-ignition-interlock-laws.aspx for further reading on this device.
Are you aware that on your first offense, your driver’s license will be suspended for a minimum of 6 months? And then, it would be a year for those who are having a 0.18% BAC. If you are under the age of 21, then it would be a year suspension as well. Let’s say that you are refusing to perform the BAC testing, when the police officers caught you. In that case, there would be an automatic suspension for 1 year.
Now, if you are going to reinstate your license, then there would be a required fee for this. Sometimes, they will also require you to complete the Impaired Driver Program.
I supposed, you should know that you are also going to pay a certain fine or penalty for DWI and the law that you had violated in Albany. If it is your first offense, there is no required minimum time spent in jail, but there is a possibility to spend a 1-year sentence.
The installation of ignition interlock device is also a requirement. And then, you have to pay a fine worth 500 – 1000 USD and 1,000 – 2,500 USD for impaired drivers with 0.18% of the BAC. This will be on your record for 4 – 25 years, depending on the case and circumstances.