what level of alcohol is safe to drive in nys?
Topics:
- What Alcohol Does
- Other Drugs
- Alcohol, Other Drugs and the Constabulary
- Your BAC
- Chemical Tests
- The Consequences
- A Few Of import Reminders
- How to Avoid Trouble
- Chapter 9 Quiz
Note: Exercise quizzes are available but for those sections of the manual covering rules of the road (Chapters 4 through xi and Route Signs).
Yous take probably heard the facts before - driving while impaired or intoxicated is a serious traffic safety problem in the U.s.. In New York State, more than forty percent of all highway deaths involve impaired driving. But the facts and statistics do non tell the whole story. Backside the numbers are thousands of lives cut short, permanent or disabling injuries, and families devastated because someone drove while under the influence of alcohol or other drugs.
When you drink alcohol or take other drugs, condom driving is non possible. Not every impaired or intoxicated driver causes a traffic crash, only each one is dangerous, putting the lives of himself or herself and those sharing the road at take a chance.
Young people, who accept less feel with booze or drugs and driving, are at high run a risk. Drivers under age 21 are approximately 4 percent of the driving population, but seven percent of the impaired drivers involved in fatal crashes. This is one reason the driver license revocation penalties are more astringent for young drivers who bulldoze under the influence of alcohol or other drugs.
Because driving "under the influence" is so dangerous, the penalties for alcohol or drug-related violations are tough and enforcement is important. The chance of apprehension and conviction are loftier and New York State law strictly limits your ability to plea bargain when charged with an offense related to booze or drugs.
WHAT ALCOHOL DOES
Booze delays your reaction time, reduces your ability to encounter clearly, changes your judgment of speed and distances, often makes you less inhibited and makes you more than prone to chance. The important skills you need to drive safely are made weaker.
Because your vision is usually restricted at night, it is specially dangerous to drink and drive after dark. Booze also reduces your ability to recover from the glare of headlights. When another vehicle moves toward you, y'all tin be blinded by its headlights for a long menstruation of fourth dimension.
You do not have to expect or feel intoxicated for these things to occur. The symptoms of alcohol consumption can brainstorm long before you get intoxicated or even legally impaired and begin with the first drink.
As alcohol physically limits your power to drive, it also makes you less aware of what is happening to your safe driving abilities. It becomes difficult for you to judge your condition. You can gain confidence about driving, when you should non exist driving at all.
During each mile you bulldoze, you brand hundreds of decisions. Your decisions turn into actions that keep your vehicle controlled and ensure you lot avoid crashes. Booze makes it hard to brand correct decisions and to take the safest actions.
For example: You accept just stopped at a STOP sign. You come across another vehicle approaching the intersection. Y'all must quickly make a decision whether it is rubber to become through the intersection. Under the influence of alcohol, you are more likely to make a wrong determination and "take a chance." Your slower reaction fourth dimension, and the bad decision, could cause a crash.
OTHER DRUGS
Drugs, which include many prescription and over-the-counter medications, can affect your power to drive. They can accept effects similar to alcohol or even worse. If you lot take medication, even a remedy for colds or allergies that is non prescribed, check the label for warnings virtually its effects. If you are unsure, enquire your medico or pharmacist about driving while on the medication.
Never drink booze while you are taking other drugs. It could be dangerous, often enhancing the effects of the booze and the other drug. For case, taking one drink while you are also using a cold remedy could affect you as much as several drinks.
It can be a criminal criminal offense to drive while impaired by the effect of drugs,booze, or the combination of alcohol and drugs, including cannabis, marijuana, and/or illegal drugs such as but not limited to cocaine, LSD, heroin, opium, and by some prescription drugs. Drugs can bear upon your reflexes, judgment, vision and alacrity in ways similar to alcohol and they may have other dangerous effects as well.
A combination of booze and other drugs severely reduces your ability to drive and tin cause serious health problems, which tin include death.
Alcohol, OTHER DRUGS AND THE Constabulary
In New York Land, yous can be arrested for any of these offenses: aggravated driving while intoxicated (Agg-DWI), driving while intoxicated (DWI), driving with a blood alcohol content of .08 per centum or more than (.08 BAC), driving while ability impaired by a drug (DWAI-drug), driving while ability impaired by alcohol (DWAI), or driving nether the combined influence of booze and drugs.
Blood alcohol content (BAC) is the percentage of booze in your blood and is normally determined by a chemic test of breath, blood, urine or saliva. A BAC of more than .05 percentage is legal evidence that you lot are impaired, a BAC of .08 percent or higher is testify of intoxication, and a BAC of .18 per centum or more than is evidence of aggravated driving while intoxicated.
Many people call back chemical test evidence is required to prove you lot were intoxicated or impaired. However, the testimony of a law officeholder about the way you drive, your appearance and behavior when arrested can provide enough prove to convict yous, fifty-fifty without a chemical test.
If you are found guilty of whatsoever alcohol or drug-related violation, the courtroom must revoke or suspend your driver license when you are sentenced. Even if the court allows you to go along driving for 20 days, your driver license will exist taken immediately.
The BAC standards and penalties for commercial drivers are even tougher than those indicated in this affiliate. For complete information, see Section 1 of the Commercial Commuter's Manual (CDL-10).
YOUR BAC
Your claret alcohol content (BAC) depends on:
- How much booze you drink.
- How much time passes between drinks.
- Your weight.
Your BAC does non depend on the blazon of potable you potable, how fit you are or how you can "hold your liquor."
Different types of drinks exercise non impact you differently. It is the amount of booze yous consume, non whether information technology is in beer, wine or liquor that raises your BAC and reduces your driving ability. These drinks contain nearly the same amount of alcohol - 1 ane/ii ounces of liquor, 5 ounces of wine, 12 ounces of beer and 12 ounces of vino libation. None is "safer to drink" than the others.
For a 150-pound male , each one of these drinks contains enough booze to increase his BAC by about .02 per centum. On boilerplate, it takes the body approximately one hour to remove that much alcohol. Studies indicate that a woman volition take longer to process and remove alcohol from the claret. This can crusade a higher BAC over a longer menses of fourth dimension.
Compared to the 150-pound male person described above, your body weight tin can brand some difference in the BAC and the effects of booze. No one has immunity to the furnishings of alcohol. It is a unproblematic fact: the more y'all drink in a given period of fourth dimension, the higher your BAC will exist and the less safe y'all will drive.
It takes just a few drinks to increase your BAC to levels at which information technology is illegal to drive. And recall, the effects of booze on your ability to bulldoze begin at even lower BAC levels subsequently merely one drink.
Eating before or while you drink helps boring the assimilation of alcohol somewhat, but it tin not forbid intoxication or impairment if you have as well much to beverage.
The merely method to effectively reduce your BAC is to non drink over a period of time. Coffee, exercise and cold showers cannot reduce your BAC and the effects of alcohol. They can help you remain awake, but it tin can not change your BAC or make you sober.
CHEMICAL TESTS
Chemical tests apply blood, jiff, urine or saliva to measure the BAC of a person. If y'all are arrested for an alcohol or drug-related violation, the police officer will likely asking that you submit to a chemic test. Under New York's "Implied Consent" police, when you bulldoze a automobile in this state you are considered to have already given your consent to take this type of test.
Chemical test refusal is a separate issue from whether you were guilty of an booze or drug-related violation. If you refuse to accept the test after existence arrested, your driver license will be suspended when you are arraigned in courtroom on the alcohol or other drug-related charge. In addition, the fact that yous refused a chemical examination can be brought up in court when y'all are tried on the alcohol or drug-related charge. If a DMV hearing later confirms you refused the test, your driver license volition be revoked even if you are found not guilty of the booze or other drug-related violation. For information virtually driver license revocations and civil penalties for chemical test refusals, see Alcohol and Drug Driving Violations.
PENALTIES FOR ALCOHOL / DRUG RELATED VIOLATIONS
| CONVICTION | FINE ONLY * | JAIL SENTENCE | REQUIRED LICENSE Activeness ** |
|---|---|---|---|
| 1st Criminal offence (Misdemeanor) | Minimum $ane,000 Maximum $two,500 | Up to 1 year | Minimum 1-Year Revocation |
| second Offense (Class E Felony) Within 10 Years | Minimum $one,000 Maximum $five,000 | Upwardly to 4 years | Minimum xviii-Month Revocation |
| CONVICTION | FINE Simply * | JAIL SENTENCE | REQUIRED LICENSE Action ** |
|---|---|---|---|
| 1st Offense (Misdemeanor) | Minimum $500 Maximum $one,000 | Up to 1 yr | Minimum 6-Month Revocation (DWI); Minimum 6-Month Suspension (DWAI-D) |
| second Offense (Class E Felony) Within x Years | Minimum $one,000 Maximum $five,000 | Up to 4 years (DWI & DWAI-D); minimum five days jail or 30 days of customs service (for DWI within prior 5 years) | Minimum ane-Twelvemonth Revocation |
| Conviction | * | JAIL SENTENCE | REQUIRED LICENSE ACTION ** |
|---|---|---|---|
| 1st Offense (Misdemeanor) | Minimum $500 Maximum $one,000 | Up to 1 yr | Minimum vi-Month Revocation |
| second Offense (Course E Felony) Within 10 Years | Minimum $1,000 Maximum $v,000 | Up to iv years | Minimum 1-Year Revocation |
| CONVICTION | FINE Simply * | JAIL Sentence | REQUIRED LICENSE Action ** |
|---|---|---|---|
| 1st Criminal offence (Traffic Infraction) | Minimum $300 Maximum $500 | Upwardly to 15 days | 90-mean solar day Suspension |
| 2nd Offense (Traffic Infraction) Within 5 years | Minimum $500 Maximum $750 | Up to 30 days | Minimum 6-Month Revocation |
NOTE: Higher fines, longer jail sentences, and increased license penalties (including lifetime revocation) may result from a third or subsequent conviction within x years.
*Confidence fine only, does not include mandatory surcharge or criminal offence victims aid fee.
**The Department of Motor Vehicles determines when your license can be returned. Its render or reinstatement based on state police force or regulation, is non automatic. You must reapply for your license and may have to laissez passer a test.
Notation: License actions for those under age 21 are different.
THE CONSEQUENCES
The table "Penalties for Alcohol/Drug Related Violations" describes fines, surcharges, license penalties and possible imprisonment if you lot are convicted of an alcohol or drug-related violation. Impaired or intoxicated driving tin can besides accept other serious results.
Repeat Offenders
Drivers with repeat dangerous driving convictions in New York Country face one of the toughest licensing policies in the nation. These regulations call for:
- Lifetime Tape Review by DMV: DMV volition review the lifetime record of all drivers who apply to have a license reinstated afterwards a revocation.
- Truly Permanent License Revocation for Persistently Drunk & Dangerous Drivers: After conducting a lifetime record review, DMV volition deny whatever application for reinstatement of a license after revocation if the applicant has:
• Five or more booze or drug related driving convictions in the applicant'southward lifetime, or
• Three or more alcohol or drug related driving convictions in the 25 year wait back period plus at least one other serious driving offense during that period. A serious driving offense includes: a fatal crash, a driving-related penal law confidence, an accumulation of 20 or more points assessed for driving violations within the 25 twelvemonth wait back period or having two or more driving convictions during the 25 yr look dorsum period, each worth five points or more.
- Delayed Re-Licensing, Driving Restrictions, & Interlocks for Other Drivers with Repeated Booze- or Drug-Related Driving Convictions: For those drivers seeking reinstatement of a license afterwards revocation who have three or four alcohol- or drug-related driving convictions simply no serious driving offense in the 25 year wait back period, DMV will:
• Deny their applications for five years across their statutory revocation catamenia if the applicant'south license was revoked for an alcohol- or drug-related law-breaking; or ii boosted years if the applicant's license was revoked for a reason other than an booze or drug related offense;
• Restore the applicant'southward license afterward that boosted period as a "restricted" license limiting the applicant's driving to, for case, travel to and from work or medical visits; and
• Crave an interlock device on the vehicle driven by the applicant for five years from the engagement of the interlock device installation.
- Finish the Reduction of Mandatory Intermission or Revocation Periods: Previously, repeat drunk drivers whose licenses have been revoked or suspended could go their full driving privileges back in as little as vii weeks by completing DMV'south Impaired Commuter Program. DMV'due south new regulations will ensure that those drivers cannot obtain their driving privileges until their full term of suspension or revocation has ended.
Zero Tolerance for Drivers Nether Historic period 21
The legal purchase and possession age for beverages containing alcohol in New York Country is 21. Under the land'due south "nil tolerance" police force, information technology is a violation for a person under 21 to drive with any BAC that can be measured (.02 to .07). After a finding of violation is determined at a DMV hearing, the driver license will be suspended for six months. The driver then must pay a $100 pause termination fee and a $125 civil punishment to exist re-licensed. For a second Zero Tolerance violation, the commuter license will exist revoked for at least one year or until the commuter reaches 21, whichever is longer.
Illegal Purchase Of Beverages Containing Booze
When yous utilise a commuter license or Non-Commuter ID bill of fare as proof of historic period to illegally purchase beverages that incorporate booze, state constabulary requires the suspension of your commuter license or privilege to use for a license.
Open Container Law
Information technology is a traffic infraction for a driver or rider in a motor vehicle on a public highway, street or route to beverage a beverage containing alcohol or to have a beverage containing alcohol. It is likewise a traffic infraction for a driver or passenger in a motor vehicle on a public highway, street or route to burn marajuana or cannabis. The penalisation for a get-go confidence is a fine up to $150, a mandatory surcharge, a crime victim aid fee, and possible imprisonment of xv days. Additional offenses within 18 months bring higher penalties. The law exempts passengers in vehicles like stretch limousines and other vehicles that display a commerce certificate or allow issued past the U.S. Department of Transportation or the NYS Department of Transportation.
The Ignition Interlock Program and Leandra's Police
Courts must order all persons convicted of driving while intoxicated or aggravated driving while intoxicated, or of a penal law of which an alcohol related violation of any provision of section 1192 of the Vehicle & Traffic Police force is an essential element to install and maintain an ignition interlock on any vehicle owned or operated past such driver for at to the lowest degree 12 months. (This device, purchased and installed at the expense of the motorist, is continued to a motor vehicle ignition system and measures the booze content of the breath of the driver. The vehicle cannot exist started until the driver provides an acceptable sample breath.) The 12 calendar month requirement may be waived by the courtroom if the defendant demonstrates that the interlock device was installed for at least half dozen months, unless the courtroom orders the interlock device to be installed for a longer period of fourth dimension. The judge also must order an alcohol assessment for a repeat offender. If the cess indicates booze treatment is necessary, the judge may exist required to gild the completion of treatment equally a condition of probation.
Drivers who commit these booze-related offenses with a child nether sixteen years former in the vehicle may be charged with a class Due east felony, punishable past up to iv years in prison. (This is known equally Leandra's Law.)
The police also makes it a felony to bulldoze boozer with a provisional license, which is a license that may be issued by the DMV when someone is convicted of an alcohol-related offense. Such a license may be used only for driving to and from essential destinations such as school, work and medical appointments. The conditional driver license will exist revoked if the motorist does not comply with the courtroom terms or for a conviction for any traffic crime except parking, stopping or standing.
A FEW Important REMINDERS
- If you kill or cause an injury to another person because of an alcohol or other drug-related violation, y'all can be convicted of criminally negligent homicide, vehicular manslaughter or assault. These behave a fine of thousands of dollars and a maximum jail term of 15 years.
- If you bulldoze while your license is suspended or revoked, y'all face a mandatory fine of $200 to $1000, and a mandatory jail term or probation. If dumb or intoxicated when you are arrested, the maximum mandatory fine is $5,000 and the vehicle can be seized.
- Liability insurance may not cover the cost of injuries and impairment from a traffic crash. You lot could exist sued for thousands of dollars and you would observe it difficult and expensive to buy liability insurance for several years.
- Likewise fines and surcharges, you could also face costly legal fees.
- You could have a criminal record, which makes it harder to get a chore or motility forwards in your task.
HOW TO AVOID Trouble
You are not likely to worry about the results of your deportment while you lot are impaired or intoxicated. The time to consider them, and how to preclude them, is earlier you go impaired or intoxicated.
- If you go to events with the same group of friends, rotate drivers. Each friend takes a turn existence the "designated commuter" who does not drink any alcohol.
- Arrange to remain overnight or ride habitation with a friend who does not beverage.
- Before y'all potable, give your car keys to a friend who does non drinkable and who will not let you drive after y'all drink.
- Call a cab or apply public transportation.
- Drink slowly. Alternating betwixt drinks with alcohol and drinks without any booze.
- Do not make alcohol the focus of your outcome.
- If you have had too much alcohol, cease drinking several hours earlier you intend to go out so your trunk can begin to lower your BAC.
- Do not swallow (e.yard. smoke, vape, eat, etc) Marajuana or Cannabis before driving.
QUESTIONS
Before y'all motion on to Chapter x, make sure you lot tin answer these questions:
- How does drunk driving rank as a highway safety problem?
- What are the effects of booze on the skills you need to drive?
- Which of these drugs could impact your ability to bulldoze: marijuana, a common cold remedy, a tranquilizer?
- If you take a non-prescription drug, what must you do before you drive?
- What is a likely result when yous have another drug while yous drink beverages containing alcohol?
- On what three weather does your blood alcohol content (BAC) depend?
- Which of these contains more alcohol than the other three: 1 1/2 ounces (30 ml) of fourscore proof liquor, v ounces (120 ml) wine, 12 ounces (360 ml) of beer, 12 ounces (360 ml) of wine-cooler?
- On boilerplate, how long does it have your torso to remove the alcohol contained in 12 ounces of beer?
- What is the merely constructive method to reduce your BAC?
- What happens to your driver license if you decline a chemical examination?
- Other than fines, action against your commuter license and a possible jail term, what are some of the results when you drive under the influence of alcohol or other drugs?
End of Affiliate nine: 
Chapter 9 Quiz
< Affiliate viii | Contents | Chapter 10 >
Source: https://dmv.ny.gov/about-dmv/chapter-9-alcohol-and-other-drugs
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