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New York State DWI Law Blog

Feds propose that states drop DWI limit to 0.05 percent BAC

  • 16
  • May
    2013

We have discussed the per se legal limit to drive of 0.08 percent blood alcohol concentration in a number of contexts on this blog. Generally, drunk driving laws are a state law issue. States generally set the legal limit and decide other issues related to driving while intoxicated statutes, such as New York’s aggravated DWI friction point for cases alleging a high alcohol level.

While the individual states generally set their own legal limits, all 50 states currently recognize 0.08 percent BAC as the threshold for per se DWI charges based upon alcohol. The National Transportation Safety Board Tuesday recommended that states lower the legal limit to 0.05 percent BAC. While the recommendation does not directly impact state law, the federal government has previously put pressure on states through federal highway funding laws, and other avenues, to get states to comply with federal suggestions.

Passenger in Perry New York faces harassment in alleged DUI case

  • 10
  • May
    2013

Wyoming County officials arrested a driver and her passenger last week after a single-vehicle car accident in Perry, New York. Deputies say that a Chevrolet Silverado ran off the road and struck a telephone pole shortly after midnight last Friday. The Chevy apparently rolled over after striking the pole.

Law enforcement apparently investigated the crash and now accuse the woman of driving while intoxicated. But authorities also have charged her boyfriend for allegedly causing the crash as a passenger. Deputies claim that the couple were engaged in some sort of spat as the 43-year-old Wyoming, New York woman drove down Silver Lake Road in Perry.

Police: Staten Island man seeks basketball match in DWI arrest

  • 03
  • May
    2013

Many drunk driving arrests occur within blocks of a driver's home. In fact, some drivers have been arrested after arriving at home. New York laws prohibiting driving while intoxicated apply regardless of whether a person has been in an accident--and even when there is little to no evidence of recklessness. Often stories may involve allegations of recklessness, apparently to support the basis of a traffic stop. Although, prosecutors may also use allegations of driving conduct as evidence in a DWI trial.

Take for instance a recent story out of Staten Island, New York. Law enforcement claims that an officer observed an Audi Q5 driving on the wrong side of the street shortly before midnight last Friday night. The owner of the Audi reportedly lives roughly a half-mile from where officers conducted a traffic stop.

New York woman accused of felony drugged driving under Leandra's law

  • 25
  • April
    2013

Law enforcement responded to the scene of a car accident in Lindenhurst, New York on the Southern State Parkway last week. New York State Police claim that responding officers suspected that the woman was under the influence of some kind of drug. Police claim that the woman rear-ended another vehicle. Police arrested the woman on suspicion of driving under the influence of drugs.

Authorities claim that the woman voluntarily submitted a blood sample after her DUI arrest. Police say that a chemical analysis of the blood sample suggested that the woman was under the influence of an undisclosed substance. The accident reportedly occurred around 9:00 last Wednesday morning--around the same time that the United States Supreme Court ruled that law enforcement generally needs to obtain a search warrant to obtain a blood sample in a routine DWI investigation.

Police accuse Bouckville woman of DWI in fatal crash

  • 19
  • April
    2013

Any car accident can be tragic. When people are killed and-or injured in a wreck, the event can be heartbreaking. State police believe that a woman lost control of her pickup truck with three passengers aboard early Thursday morning in Smithfield, New York. The woman is now accused of a string of drunk driving related charges.

Law enforcement investigating the car accident Thursday located a 19-year-old woman at a residence near the scene of the accident. Police believe that the young woman had been driving the Chevrolet pickup truck when it crashed. A 25-year-old woman was found dead at the scene of the accident. She reportedly suffered head trauma when the car ran off the road and struck a silo. Two men were also at the scene of the crash--each was taken to a hospital in Syracuse, New York with unidentified, but non-life-threatening injuries.

Couple arrested for drugs at Bedford, New York DWI checkpoint

  • 12
  • April
    2013

Sobriety checkpoints are not conducted in every state in the country. Some states consider the roadblocks to be overly intrusive. Generally, law enforcement must have a reasonable basis to pull over a car for a potential investigation. But sobriety checkpoints have their own niche under the law.

About a dozen states do not allow law enforcement agencies to set up checkpoints to enforce laws prohibiting driving while intoxicated. A number of those states have chosen not to under state legislation, while other states have ruled such operation unconstitutional under the individual state constitution. But, the U.S. Supreme Court says that, as long as procedural safeguards exist in how a DWI checkpoint is conducted, the concept does not violate the U.S. Constitution.

New York readers may know that DWI checkpoints are allowable in New York. Frequently, reports concerning checkpoints release information showing a wide variety of citations and charges that can flow from a checkpoint-many operations produce few DWI cases. A Croton-on Hudson couple ran into a DWI detail in Bedford, New York on April 6. Each person now faces a variety of criminal charges.

Cab driver arrested in Ballston Spa on DWI charges

  • 05
  • April
    2013

People who make a living by driving know that protecting a commercial driver's license is important in protecting the driver's livelihood. A traffic offense or drunk driving charge can have a significant impact for a CDL holder in New York. A recent story out of Ballston Spa, New York highlights how allegations of driving while intoxicated for a professional driver can have an adverse impact on a driver's ability to earn a living.

Police claim that two passengers in a ca called the taxi company to complain that their cab driver was weaving down the road along Route 50 early Sunday morning. Authorities claim that the dispatcher radioed the cab driver and told him to pull over. However, Ballston Spa Police say that the cabbie continued on the route, until police made a traffic stop. The dispatcher reportedly called 911.

Hit-run charge added to DWI allegations from two accidents in Saratoga Springs

  • 29
  • March
    2013

In late January, Saratoga Springs Police claim a man crashed his car into a tree on Excelsior Springs Road. A woman passenger in the car suffered minor injuries in the wreck and was taken to Saratoga Hospital. Police say that a 30-year-old Gansevoort, New York man was behind the wheel when the accident occurred. Law enforcement also says that the man was "highly intoxicated" that night and the man was charged with driving while intoxicated.

Police claim that the same night, a woman reported to Saratoga Hospital with injuries. Law enforcement now believes that the Gansevoort man caused those injuries in an alleged hit-and-run accident in a parking garage about a half-hour before he crashed into a tree.

Police: Man suspected of stalking led chase; arrested for DWI, stalking and more

  • 22
  • March
    2013

A woman who works a convenience store in Queensbury, New York called police Sunday to report that a man was stalking her. Police claim that the 46-year-old man knew the woman through her job. But the report Sunday of the alleged stalking offense has led to a string of charges against the man, including driving while intoxicated allegations.

Troopers say that they found the man's car around 10:00 Sunday night somewhere in Queensbury. However, authorities claim that the man took off when law enforcement approached, leading to a police pursuit. Troopers say that the man struck a tree during the police chase, ending the pursuit. Law enforcement says that there were no injuries in the crash. However, authorities say that man was intoxicated.

Rx medications can serve as basis for New York DWAI drug charges

  • 15
  • March
    2013

A town councilman from Queensbury, New York is facing charges for allegedly driving while ability impaired by drugs. Drivers in Queensbury claim that the councilman was driving erratically last April. The motorists reportedly boxed in the car that authorities say was driven by the public officials until police could arrive. The town councilman was ultimately arrested on suspicion of DWAI drugs.

The man has been fighting the criminal charge in court. He suffers from pain from prior back injuries and has a prescription to control that pain. Doctors provided the councilman with a computer driven pump that controls the amount of prescription medication that is delivered.

He sought to have the criminal DWAI drug charge dropped, but a judge in Glens Falls, New York denied that request. His criminal defense argued that the man has no control over when the prescription medication is delivered, and that a dose of medication could have been delivered after the man was no longer driving.

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