New York State DWI Law Blog

Is This The Real Life?

The video of a man singing Queen's "Bohemian Rhapsody" in the back of a police car went viral within a few days. If you haven't seen it, the YouTube video starts out with the forward-facing view from a dashboard camera of a moving police car. In the first few frames, you see the road ahead and can only hear the allegedly intoxicated man from the backseat, ranting about brotherhood. The video was edited to cut to the camera facing the backseat where the arrestee suddenly starts belting out, "Is this the real life?" The video ends almost 6 minutes later, after the police car has arrived at the station.

Bloggers across the Internet were rather impressed by how flawless the man's rendition was, especially given that he was arrested for intoxication and believed to be drunk.

In New York, the refusal to take a breath test is a crime that can result in a one-year's driver's license revocation. However, first the state must prove beyond a reasonable doubt that a number of elements exist to establish guilt.

According to police reports, NFL safety and two-time Pro Bowler Brandon Meriweather was traveling 73 mph in a 55-mph zone at 3 a.m. on April 26 when a police officer spotted his speeding vehicle and pulled him over.

When New York drivers are arrested for drunk driving, the consequences can be serious and may affect several areas of their lives. For example, a DWI conviction may result in the loss of a driver's license, large fines and maybe even jail time. For many people, these consequences are simply not an option, making a conviction on DWI charges something that must be avoided.

The truth of the matter is that DWI charges can be defended against. There are many possible defenses that may be available beginning from the moment a driver is pulled over until the day a judge hears the case. These defenses will depend on the facts of each particular case.

Laws requiring drivers to install ignition interlock devices on their vehicles may not be having the desired effect. Under Leandra's Law, passed in New York in 2009, drivers must install an ignition interlock device after their first DWI. Ignition interlock devices prevent a driver from starting a car until the driver has blown into a sensor and registered a zero reading for alcohol.

Vigorous advocacy by groups like Mothers Against Drunk Drivers (MADD) has encouraged states to adopt ignition interlock legislation. Congress is even considering punishing states that do not adopt ignition laws in the new federal transportation bill.

There has been much debate within New York in the last year whether ignition interlock devices are actually proving to reduce subsequent offenses and deter drivers from driving under the influence. Other states, such as Oregon, are also questioning whether such devices and laws are having the intended effect. DWI offenders are required to pay for the equipment and many cannot afford it. In Oregon, installation can typically cost about $65, with an additional monthly fee of $59 while the interlock system is in place.

Yes, you read that right. High schools across the country are starting to administer breathalyzer tests to students attending prom. School officials hope this will help reduce underage drinking and driving and ensure that dances are alcohol-free.

Different schools have a range of ways they test students for alcohol. One school randomly selects students to take breathalyzer tests before they can enter the dance. Another school requires students to pick a poker chip from a bag before they can attend prom. If a student draws a marked chip, the student is subjected to a breathalyzer.

The punishments for failing a breath test range from being denied entry to the prom to expulsion from school. Schools say this is just another way to keep the focus at school on learning, not drinking.

New Yorkers and others across the nation might question whether the current drunk driving laws are tough enough or whether they are too tough. For example, the legal blood alcohol limit in all fifty states is now .08. And while states often have stricter laws and harsher consequences for younger drivers, this legal limit is actually much higher than in many other countries.

In Germany and Belgium the legal limit is .05. Considering these famously beer-loving cultures, this standard might seem difficult to attain. However, residents of these countries adapt well, taking cabs or using designated drivers when drinking alcohol.

It is illegal to drive in Sweden with a blood alcohol level higher than .02. This means a 170-pound man could potentially be over the limit after only drinking two pints in an hour. If the U.S. adopted Sweden's standard, New Yorkers would no longer be able to have wine out at dinner, or enjoy an after work drink with co-workers, and drive themselves home without potentially being over the legal limit.

The strictest standard is in Japan. Residents there cannot drive with any alcohol at all in their bloodstream.

You're at a party and run out of alcohol. You know that you shouldn't drive to the liquor store because you've had too much to drink. The responsible thing, then, is to find a sober driver to make the run. But what happens when the sober driver only has a learner's permit?

On September 4, 2009, an intoxicated New York man asked his 17-year-old cousin to drive to the liquor store to buy more alcohol for a family party. The adult, his 8-year-old daughter, and the 17-year-old boy piled into the car. The 17-year-old driver only had a learner's permit, so he was under the supervision of adult in the car.

While on the winding road, the inexperienced driver lost control of the car, crashing at a high speed and killing the 8-year-old passenger.

The father of the 8 year old was considered the supervising driver in the car. But even though he was the supervising driver, and the driver under his supervision was guilty of violating a number of New York traffic laws, the father was not found to be criminally responsible on account of a legal loophole that existed at the time.

A woman was arrested in New York last week after police allege she was driving while under the influence of drugs, although they have not stated what proof they have. The DWAI by drug charge is severe enough, but the woman had her 11-year-old nephew in the car as well, which lead to a host of other charges.

In addition to the DWAI charge, the 44-year-old woman from Farmingville, New York, is charged with aggravated driving while intoxicated with a child under the age of 16, and endangering the welfare of a child. Because the child was under 16, the aggravated DWI charge is a felony because of Leandra's Law, which makes any driving under the influence charge a felony when a child is in the car.