How Have New York State’s DWI Laws Evolved over the Past Few Decades?

Interviewer: How have the DWI laws in New York changed over the years?

Michael: Not only have the laws changed, but the policies of the district attorney’s office in Westchester have changed, and not for the better from a motorist’s standpoint. Obviously, organizations such as Mothers against Drunk Driving have had a tremendous influence on the state legislatures and they’re making it extremely difficult in terms of upping the penalties.

There Is No Mandatory Jail Sentence in New York for a First-Time DWI Offense but Ignition Interlock Devices May Be Mandated

Fortunately, in New York, we don’t have mandatory jail time for a first offense or for a DWI conviction, but we do have an ignition interlock law which is pretty onerous. This is because it’s not only your car that can be involved, but a lot of judges are misapplying it to every car you might have access to in the family, which causes those family members quite a problem.

The Length of License Revocations and Monetary Penalties Are Increasing

Penalties are going up and license revocation times are going up. The DMV, separate and apart from what the court system is doing in terms of sentences has now come up with new guidelines that increase their suspension and revocation period. They have been so greatly increased that if you’re convicted of three DWI offenses in a period of time five to ten years, it could result in a five year revocation of your license. No driving whatsoever. No restricted license, no conditional license.

A Lifetime License Revocation Can Be Imposed

You could also face lifetime license suspensions. Imagine people who, on the one hand they’re punishing you, and on the other hand, they’re asking you to treat your alcohol problem, to go and get treatment and go get a good job and become responsible, and they’re not allowing you to do that if you can’t drive.

In What Direction Are New York State DWI Heading?

Interviewer: Where do you see the DWI laws going in New York State?

Michael: Well, obviously the penalties are not going to get any less. They’re only going to get worse. The lawyers joke with each other that pretty soon, a law is going to be passed to mandate ignition interlocks in everyone’s car at the manufacturer’s level.

If the legislature was really serious about DWIs, why not do that? I mean, there is a limit to where you want to infringe on people’s rights and scar their future – it seems like the legislature has gone overboard in New York.