Where do Arrests for Driving While Intoxicated Typically Happen?
Arrests for Driving While Intoxicated (DWI) happen everywhere. If you believe that the dangers and hazards directly related to DWI happen in someone else's backyard, think again. In 1990 there were 4,096 reported arrests in Erie County. In Niagara County there were 1,077 reported arrests. If these numbers seem high, remember the consequences that result from such activity and the reality of such irresponsible conduct is readily apparent.
Who Commits DWI Offenses?
Of the 24,465 individuals detained for DWI in the United States, 96.3 percent of the detainees were male, leaving 3.7 percent of DWI stops involving females. Analyzing the racial makeup of those detained reveals 67.7 percent Caucasian, 8.2 percent African-American and 19.5 percent Hispanic.
Interestingly, the vast majority of those convicted of DWI were single adults – 71.5 percent. Of that 71.5 percent, 34.8 percent were divorced, 1.8 percent widowed and 34.9 percent were never married. The remaining 28.5 percent of DWI convictions were of individuals who were married.
What Age Group Constitutes the Typical DWI Offender?
Throughout the United States, 61.4 percent of those arrested for DWI offenses fall into the 25 to 44-age range, slightly above the age of the traditional college student. The second highest age range, at 24.5 percent is the college student age – individuals 18 to 24. Individuals 45 to 54 composed 8.5 percent, 55 to 64 accounted for 3.3 percent, and individuals under 18 constituted 1.0 percent.
These statistics indicate that the effects of DWI touch all groups and ages in the United States. There is not single isolated group that persistently violates DWI laws. This class of criminal activity is not confined to a single race or age, but is a problem that effects all groups. Education and awareness efforts must be aimed at all individuals to prevent the potentially destructive consequences of DWI.
Blood Alcohol Content (BAC)
What is your Blood Alcohol Content? It is the ratio of the concentration of alcohol volume to blood volume within the body. Commonly, a breathalyzer test is used by law enforcement or medical personnel to determine BAC, but other chemical analyses of blood, breath, urine, and saliva are available to determine the level of alcohol in the bloodstream. It is presumed that all individuals who have a license to operate a motor vehicle within New York State has given consent to a breathalyzer or other chemical testing to determine an individual's sobriety. The consequences of refusing to submit to a chemical test are immediate suspension and revocation of their license for six months. There is also the possibility of a fine between $200.00 and $500.00. If the person is under the age of 21 (the legal drinking age), their license is automatically revoked for one year, or until the person's 21st birthday – whichever is longer. Judges often hold the authority to withhold an individual's ability to apply for a license until the judge is satisfied with the individual's progress.
Any amount of drinking will begin to affect your judgment, coordination, and reduce your ability to operate a motor vehicle. The degree of impairment depends on four basic factors:
- Amount of alcohol
- Stomach contents (digestion slows the rate of absorption of alcohol)
- Body weight
- Duration of consumption of alcohol
A 12-ounce beer, a 5-ounce glass of wine, and a shot of 86 proof liquor all contain an equivalent amount of alcohol. For example, a mixed drink can contain five different types of alcohol, and can have the equivalent effect of drinking five separate drinks. The body is only able to metabolize one drink per hour – any consumption above that level may render an individual intoxicated. There is no "quick" way to sober up and reduce the concentration of alcohol in the body. The risk of personal injury, arrests and possible death increases with the amount of alcohol consumed. Drivers with a BAC level of .08% are four times more likely to be involved in an accident than those drivers who have consumed no alcohol.
DWI vs DWAI
DWI laws in New York State have been stringently revised with a focus on tougher minimum and maximum sentences for individuals convicted of DWI and driving while ability is impaired (DWAI). The following is a brief summary of the current DWI and DWAI laws:
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DWAI – BAC .05% to .09%
For a first offense, the individual is subject to a fine of no less than $350.00 but no more than $550.00 and/or up to 15 days imprisonment in a penitentiary or county jail.
For a second offense within a five-year period, the individual is subject of no less than $550.00 but no more than $750.00 and/or up to 30 days imprisonment in a penitentiary or county jail.
For a third offense within a ten-year period, the individual is deemed guilty of a misdemeanor, punishable by a fine of no less than $750.00 but no more than $1,500.00 and/or up to 180 days imprisonment in a penitentiary or county jail.
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DWI – BAC .10% and above
For a first offense, the individual is deemed guilty of a misdemeanor, punishable by a fine of no less than $500.00 but no more than $1000.00 and/or up to 1-year imprisonment in a penitentiary or county jail.
For a second offense within a ten-year period, the individual is deemed guilty of a class E felony, punishable by a fine of no less than $1000.00 but no more than $5000.00 and/or imprisonment in a penitentiary or county jail.
Two DWI convictions within ten years involving personal injury mandates drivers license revocation for the remainder of the offender's life. The revocation of the individual's driver's license can be reduced to one-year if:
- Revoked for refusal to submit to a chemical test within five years.
- Conviction of DWAI or DWI
- Civil penalty increase from $100.00 to $250.00
A prior out-of-state conviction for DWAI or DWI will be considered a prior violation in New York State for determination of sentencing. It should be understood that a conviction of DWI does not rest solely upon the results of a sobriety test. An individual may be charged with DWI if the arresting officer believes the person to be intoxicated regardless of the status of sobriety tests. Generally, the arresting officer relies on physical signs such as red eyes, lack of coordination, or slurred speech. Law prohibits plea-bargaining to a lesser charge in DWAI or DWI arrests.
Packet Published 1995, 2001
Researched and Composed by Brian Miller, Stephen Paluch, Mario Shady, Steve Ritter, and Lynn Wiencek.
Revised by Michelle A. Hager 1996, John Menard 2001
GLS Director: John Menard
Assistant Director: Michael Carney