DWI Blog

On December 2nd of this year, the Hudson Valley News Network reported on an underage drinking enforcement operation conducted by the New York State Police in Dutchess County. In this operation, an 18-year-old volunteer was sent to fifteen stores to purchase alcoholic beverages under the observation of plainclothes investigators and uniformed troopers. Two subjects were arrested and charged with the misdemeanor of Unlawful Dealing with a Minor. This is just one of the routine underage drinking enforcement operations that the New York State Police, together with the New York State Liquor Authority, conduct throughout the state in an attempt to cut down on underage alcohol abuse and DWI.

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On November 20, Governor Andrew Cuomo signed a new drunk driving bill into law that may affect you if you have been previously convicted of a DWI. The bill, introduced by Assemblyman David Buchwald (D-Westchester), passed unanimously in the State Assembly and State Senate. It closes a loophole in Leandra’s Law, which increased New York State’s penalties on drunk driving with child passengers to possibly include felony charges. The loophole potentially allowed repeat DWI offenders under probation to operate a vehicle while intoxicated despite being mandated to use an ignition interlock device (IID). An IID is similar to a Breathalyzer. It attaches to the ignition system of a car and is often mandated as a condition of probation from traffic infractions. With the IID in place, the car will only start if the driver blows into it and their blood alcohol content (BAC) is below .08.

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In 2009, New York State passed a law that made its penalties on drunk driving with child passengers the highest in the nation. The Child Passenger Protection Act entails the possibility of a felony if you have a minor in your vehicle when you are driving while intoxicated. Because you may be putting minors at the risk of harm, it is a heightened offense. If you have been charged under the Child Passenger Protection Act, it’s important to know why you have been charged, what you’re facing, and what your options are.

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