After walking into law enforcement official’s car, NY man receives DWI

Recently, a man in New York was arrested for intoxicated driving after walking into a marked patrol car at a gas station.

In New York, according to the New York Department of Motor Vehicles, it is illegal for drivers to operate a vehicle with a blood alcohol content level at or above 0.08. However, a person can also be arrested for drunk driving if he or she exhibits other signs of intoxication.

Recently, the New York Daily News states that a man in New York was arrested for aggravated driving while intoxicated. The arrest occurred after he allegedly bumped into the marked patrol car of a law enforcement official.

The law enforcement official's observations

Before the arrested happened, the man had stopped at a gas station and parked near the law enforcement official. Once the man emerged from his vehicle, he bumped into the marked patrol car and walked into the nearby store. When he came back to the gas pump, he began filling up his vehicle.

The law enforcement official questioned the man and had him take a field sobriety test. After failing the test, he was then taken to the law enforcement agency's barracks to have his BAC level tested. The test revealed that his BAC level was 0.18, which is nearly twice the legal limit.

DWI penalties in New York

When drivers are arrested for exhibiting signs of intoxication, they often face heavy fines and potential incarceration. However, the severity of the DWI penalties they face depends on the number of prior offenses on their record. For example, according to the New York DMV, a driver arrested for DWI for the first time may:

  • Be required to pay a fine of at least $500, but no more than $1,000
  • Have to spend up to one year in jail
  • Have his or her driver's license revoked for at least six months

Comparatively, a driver who is arrested for drinking and driving for the third time within a 10-year period may have his or her driver's license revoked for one year. A driver who commits his or her third DWI offense may also have to spend up to seven years in jail and pay a fine that does not exceed $10,000. If a driver refuses to take a chemical test during a DWI arrest, he or she may face additional civil and license revocation penalties, states the New York DMV.

Turn to an attorney

After receiving a DWI, drivers in New York may be concerned about how a potential conviction could affect their employment prospects and reputation. If you were recently arrested for drinking and driving, consult with an attorney to find out what your legal rights are at this time.

Keywords: DWI, penalties, arrest