Geek System reported one police agency’s decision to “shame” drunk drivers on ‘twitter” for one weekend. People are referring to it as a “public shaming campaign.” However, those who support the public shaming say it is not a big deal because the best way to avoid finding your name on Twitter as a DWI offender is to not drink and drive. Others are not so sure this is the best approach.

Everyone knows that drinking and driving carries heavy consequences, but what people didn’t realize is that their names could end up on a social media site This Friday (May 10, 2013) “150 patrol cars will be out looking to bust people for driving while intoxicated, and when they do they’re going to post the names of the perps on Twitter, presumably from the @MnDPS_DPS Twitter account.” According to one report, “The Department of Public Safety plans to publish the age and gender of those arrested for DWI on Twitter with the hashtag #May10DWI.”

Unfortunately publicly shaming people who are arrested for DWI is not a brand new concept. So ask yourself, is this right? Can police even do this? Probably not, but they are planning to do it anyways. Just three years ago in another city did the same thing was done. Assistant district attorney in the area argued that “there is definitely a deterrent effect in the potential public humiliation people may face when they get arrested for DWI.” But what about the age old concept of “arrest for a crime doesn’t mean you are guilty?”

An article covering the post one of the twitter shamming discusses the “potential for causing irreparable damage to the lives of people who may be falsely accused.” They discussed in particular a New York woman who was placed on a “Wall of Shame” website for a DWI arrest. However, later it was determined that she was not actually drunk but was struggling due to symptoms of complications for diabetes. After learning this, her picture and information was removed from the site, however the woman suffered considerable embarrassment. Read More »

New York’s Vehicle and Traffic Law Section 1192, Operating a motor vehicle while under the influence of alcohol or drugs, added section 2-a(b), and is referred to as “Leandra’s Law.”

“2-a. Aggravated driving while intoxicated. (a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article.

(b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle. N.Y. Veh. & Traf. Law § 1192 (McKinney).”

Leandra’s Law was born in 2009 after an 11 year old girl was killed when the driver of the vehicle she was in crashed on the Hudson Parkway in New York. Leandra’s Law became official in November, 2009.

It is no mystery that DWI is a serious crime, but when doing it while children are involved carries a much harsher punishment. Violation of this section makes it a Felony punishable by up to four years in prison for a first time offender if the child is 15 years old or younger, up to 25 years if that child dies, and up to 15 years if that child suffers a serious physical injury.

Further, another main part of Leandra’s Law is the requirement that DWI offenders use ignition interlock systems. As outlined in NY DMV’s brochure on DWI’s, the ignition interlock program requires even first time offenders to install and maintain an interlock device in their car for a minimum of six months. Additionally, multiple offenders could be ordered to have ignition interlock devices in their car at their own cost for an extended period of time. The purpose of the ignition interlock devices is to ensure that drivers “cannot start their car until the driver provides an acceptable sample breath.” Read More »

With summer just around the corner DWI arrests are likely to increase. During the “Drive Sober or Get Pulled Over” campaign over the holiday season, New York State Police operated “30 sobriety checkpoints, 10 saturation details, 18 underage drinking and sales to minor’s details, and 41 additional dedicated local DWI patrols.” What should we expect this year for Fourth of July?

Fourth of July weekend is one of the deadliest holidays of the year. According to the National Highway Traffic Safety Administration Fourth of July has ranked one of the highest on deadly traffic incidents related to alcohol and DWI arrest than any other day of the year. Labor Day which occurs a month after Fourth of July also had a high percentage of alcohol related incidents.

With July and August being the heart of summertime people should take extra precaution. Especially after New York’s “Drive Sober or Get Pulled Over” campaign during the holidays, people should expect increased sobriety checkpoints will soon follow over the upcoming summer months including Fourth of July and Labor Day weekend.

In addition to increased DWi’s, summer opens up the opportunity for alcohol related offenses while boating. Boating while intoxicated carry with it consequences as serious as a DWI, and in some instances even more severe. Whether it is a BBQ with your friends, catching a baseball game, attending a pool party, or an afternoon out on the boat, it is necessary that people stay aware of the level of alcohol they drink before even considering stepping into a vehicle.

With summer just around the corner people should remain aware of the effects alcohol has on the body when it is combined with sunshine. Consuming alcohol and being in the sun all day can be a lethal combination and dehydration can often result. People should be very diligent in consuming as much water as they can anytime they are out in the sun, and especially when consuming alcohol. Read More »

In New York, DWAI (Driving While Ability Impaired) is a traffic infraction, a lower level offense than DWI. In New York, DWAI is not considered a crime, although it is an alcohol-related driving incident. If a suspected DWI offender’s blood alcohol level (BAC) is greater than .05 and less than .08, they can be charged with DWAI. This offense is recognized by statute in New York. In a DWAI case, the court must find that a DWAI offender’s ability to drive was impaired. If a suspected DWAI offender’s BAC is 0.07, that is sufficient on its own to prove a case of DWAI in New York. If a suspected DWAI offender’s BAC is 0.06 or 0.05, the prosecutor in the case must submit additional evidence beyond the BAC to show impairment of driving ability. In DWAI cases, the suspected DWAI offender’s license is not suspended until and unless there is a conviction in the case.

DWAI in New York is punishable not only by a fine, but by imprisonment in a penitentiary or county jail for a term of no more than 15 days. In the event that the suspected DWAI offender has been convicted of a previous DWAI violation within the preceding five years, the DWAI charge remains an infraction but the fine goes up to not less than $500 and no more than $750. The term of incarceration increases as well, this time to no more than 30 days. On the third conviction of DWAI, the charge becomes criminal, a misdemeanor, and the punishment is a fine of no less than $750 and no more than $1500. The jail term for this offense is imprisonment for no more than 180 days in a penitentiary or county jail or both a fine and imprisonment.

In many Watertown, DWAI cases, the suspected DWAI offender chooses to fight the charges in court. This is because of the stiff DWI penalties for a DWAI conviction and the possibility of a 90-day driver’s license suspension which goes along with a first-time DWAI conviction. Also, a DWAI conviction may lead to an increase in the offender’s insurance rates and the conviction might stay on the offender’s record for at least 10 years. Sometimes, DWAI cases are generally easier to win in court because of the distinction between impaired driving and intoxicated driving. In a regular DWI case, the prosecution must prove that the offender was “intoxicated.” In a DWAI case, the prosecutor must prove that the offender was “impaired.” If a suspected DWAI offender has a BAC below 0.08, that is not per se illegal and it is sometimes difficult to prove “impairment.” Intoxication is a greater degree of impairment. In a DWAI case, all the prosecution needs to prove to convict an offender is that the offender’s consumption of alcohol has actually impaired, to any extent, the physical and mental abilities the defendant is expected to possess in order to operate a vehicle as a reasonable and prudent driver. Read More »

Spring is here, and that means warm weather is right around the corner. With this welcomed increase in temperatures comes the desire to get outside and have some fun, especially for those who live near water and enjoy sports like fishing and boating. Throughout the spring and summer, many folks will find themselves on the lakes, rivers, and other waterways, communing with nature and enjoying fellowship and fun. Unfortunately, many of these outings will also include alcohol. While there may be nothing wrong with enjoying a couple of drinks while out on the water, it is important to remember that a “couple of drinks” can quickly turn into a party, resulting in drinking too much. And since intoxication is very much dependent on your body chemistry and other factors such as weight, gender, dehydration, and food, even a small amount of alcohol can prove to be a little too much.

Alcohol affects the brain, changing the way our bodies react. It lowers response time and reflexes as well as reasoning and inhibitions. Even a small amount of alcohol can have such effects, and this can lead to poor choices and accidents. What starts out as a day of fun with friends and family can end in disaster without much provocation simply because alcohol was involved.

Many people do not think of boating when they think of DWIs and alcohol-related incidents. However they can be extremely dangerous, especially given the presence of water. With risks of injury, drowning, death, and property damage, boating and alcohol is not the best mix. And with these risks comes the added risk of legal trouble… a situation everyone can agree they would prefer to avoid. Read More »