DWI Facts

The Facts about Alcohol & Driving

Q. What is BAC?
A. BLOOD ALCOHOL CONCENTRATION (BAC) is
The % of alcohol in a person's bloodstream.

A Drink is a Drink
Each of the following contains the same amount of alcohol

12-oz. can of beer at 5% alcohol
5-oz. glass of wine at 12% alcohol
1.5-oz. of 80-proof liquor at 40% alcohol
12-oz. wine cooler at 5% alcohol

DRIVERS AT .08 BAC ARE FOUR TIMES MORE LIKELY TO CAUSE A CRASH THAN .00 DRIVERS

IN 2001 THERE WERE 315 DRINKING AND DRIVING DEATHS IN NEW YORK STATE.

NATIONALLY, THREE OUT OF TEN PEOPLE WILL BE IN AN ALCOHOL-RELATED CRASH DURING THEIR LIFETIMES.

The Penalties

AGGRAVATED DRIVING WHILE INTOXICATED A-DWI (.18 and higher Blood Alcohol Content [BAC])
CONVICTION	FINE ONLY*	JAIL SENTENCE	LICENSE ACTION**
1st Offense (Misdemeanor)	Minimum $1,000 Maximum $2,500	Up to 1 Year	Minimum 1-year revocation
2nd Offense Within 5 years (Class E Felony)	Minimum $1,000 Maximum $5,000	Up to 4 Years; minimum 5 days jail or 30 days of community service	Minimum 18-month revocation
3rd Offense or more Within 10 years (Class D Felony)	Minimum $2,000 Maximum $10,000	Up to 7 Years; minimum 10 days jail or 60 days of community service	Minimum 18-month revocation**
DRIVING WHILE INTOXICATED DWI (.08 and higher Blood Alcohol Content [BAC] or other evidence of intoxication) or DRIVING WHILE ABILITY IMPAIRED BY A DRUG DWI-Drug
CONVICTION	FINE ONLY*	JAIL SENTENCE	LICENSE ACTION**
1st Offense (Misdemeanor)	Minimum $500 Maximum $1,000	Up to 1 Year	Minimum 6-Month Revocation
2nd Offense Within 10 years (Class E Felony)	Minimum $1,000 Maximum $5,000	Up to 4 Years; minimum 5 days jail or 30 days of community service	Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
3rd Offense or more Within 5 years (Class D Felony)	Minimum $2,000 Maximum $10,000	Up to 7 Years; minimum 10 days jail or 60 days of community service	Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment
2nd Offense Within 10 years (Class E Felony)	Minimum $1,000 Maximum $5,000	Up to 4 Years	Minimum 1-Year Revocation
3rd Offense or more Within 10 years (Class D Felony)	Minimum $2,000 Maximum $10,000	Up to 7 Years	Minimum 1-Year Revocation
DRIVING WHILE ABILITY IMPAIRED BY A COMBINATION OF ALCOHOL OR DRUGS DWAI-Combination
CONVICTION	FINE ONLY*	JAIL SENTENCE	LICENSE ACTION**
1st Offense (Misdemeanor)	Minimum $500 Maximum $1,000	Up to 1 Year	Minimum 6-Month Revocation
2nd Offense Within 5 years (E Felony)	Minimum $1,000 Maximum $5,000	Up to 4 Years	Minimum 1-Year Revocation
3rd Offense Within 10 years (D Felony)	Minimum $1,000 Maximum $5,000	Up to 7 Years	Minimum 18-Month Revocation**
DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL DWAI (more than .05 up to .07 Blood Alcohol Content [BAC])
CONVICTION	FINE ONLY*	JAIL SENTENCE	LICENSE ACTION**
1st Offense (Traffic Infraction)	Minimum $300 Maximum $500	Up to 15 Days	90-Day Suspension
2nd Offense Within 5 years (Traffic Infraction)	Minimum $500 Maximum $750	Up to 30 Days	Minimum 6-Month Revocation
3rd Offense Within 10 years (Misdemeanor)	Minimum $750 Maximum $1,500	Up to 180 Days	Minimum 1-Year Revocation if current violation occurred within 5 years of previous violation**
ZERO TOLERANCE Drivers Under 21 (DMV administrative finding of .02 to .07 Blood Alcohol Content [BAC])
	CIVIL PENALTY	LICENSE ACTION	ADDED FEE
1st Offense	Minimum $125	6-Month Suspension	$100 Suspension Termination Fee
2nd Offense	Minimum $125	1-Year Revocation or until age 21, whichever is longer	$100 Re-Application Fee

* Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance fee.

** For license revocations, the Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test. Three or more alcohol or drug-related offenses with 10 years can result in a permanent revocation, with a waiver request permitted after at least five years.

Mandatory Screening - If you are charged with or convicted of certain alcohol-related offenses, the courts will order alcohol screening and/or alcohol evaluation, prior to sentencing.

The Solutions

1.) Never let a friend drive Drunk. Drive them home, call them a cab, or ask them to stay overnight, but don't let them get behind the wheel.

2.) Know when to stop drinking. For most, two drinks within an hour are the most you can safely drink without risking a DWAI or DWI arrest.
But remember, even two drinks can affect your judgment.

3.) Think ahead, choose a designated driver. You can have a great time without chancing a crash or arrest and everyone will feel better knowing they will get home safely.

4.) Always wear your safety belt. All drivers, front seat passengers, and children to the age of ten must wear safety belts while traveling on New York's roadways. Also, children from birth to the age of four must be seated in a federally approved safety seat.

It saves lives. It's the Law
Change the way you think.
Don't Drink and Drive.

*Information according to the New York State Department of Motor Vehicles website.