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Many people take their teenage kids to empty parking lots to teach the basics of driving. While his wife was shopping, an Albany man took advantage of the open mall parking lot to teach his daughter to drive "under the proper supervision," as he told police. However, teaching his 9-year-old daughter to drive in the mall parking lot resulted in a drunk driving charge and a trip to jail when mall security called police after noticing the child back the minivan into another car.
While this scenario seems a bit bizarre, it does not stand alone. Other instances of out-of-the-ordinary situations resulting in drunk driving charges include a Florida man being charged with drunk driving after crashing his lawnmower, and an Ohio man being charged with drunk driving after he wrecked his motorized bar stool.
Drunk Driving in New York
In New York, a driver found to have a blood alcohol content (BAC) of 0.08 or higher can be convicted of drunk driving, generally called driving while intoxicated (DWI).
A first offense for DWI, for 0.08 and higher BAC, is considered a misdemeanor with a minimum fine of $500, up to one year in jail and a minimum driver's license revocation of six months. A second charge of misdemeanor DWI within 10 years of the first conviction may result in a felony charge. Felony charges carry increased fines, prison time and longer driver's license revocation periods. These subsequent offenses also often result in mandatory alcohol assessments and the installation of ignition interlocking devices.
A first conviction for aggravated driving while intoxicated (A-DWI) for 0.18 and higher BAC, while still a misdemeanor offense, will result in more severe penalties than a DWI conviction.
Penalties for Those Under 21 Years Old - Zero Tolerance
For a driver under 21, a drunk driving conviction may result in a driver's license revocation for one year. A second offense while under the age of 21 results in a license revocation of at least one year or until the driver reaches the age of 21, whichever is longer. In addition, there is a minimum civil penalty of $125 and steep fees for reinstating a driver's license.
It is important to remember that drunk driving charges can stem from the operation of almost any type of motorized "vehicle" on a roadway. The terms "operating a motor vehicle" and "roadway" have all been interpreted very broad in New York, leading to unique situations which one may not normally consider. The effects of a conviction under these circumstances can be severe. If you have been ticketed for drunk driving, consult with an experienced attorney to discuss your legal options.
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