State legislation S.8294-A sought to repeal an Alcohol Exclusion under existing law that allows insurance companies to deny coverage of those arrested for driving while intoxicated in NY. The main beneficiary of the proposed bill would have been NY DWI drivers, as the state’s basic no-fault insurance already covers medical expenses incurred by passengers and victims of drunk driving.

Citing increased premiums, a New York insurance trade group urged Gov. Patterson to veto the measure.

If you have been arrested for DWI in New York you need to hire a NY DWI lawyer.

State and federal law permit the seizure of assets, including cash and cars, for a felony crime. Such a policy for a misdemeanor would require local legislation, and such efforts have been turned down by lawmakers in Albany County and neighboring Rensselaer County in the past. New York City initiated vehicle seizures for drunk driving and other misdemeanors in 1999, to the protest of DWI defense attorneys and rights advocates.

Typically a vehicle involved in a suspected case of drinking and driving in New York is towed from the scene and released. If a vehicle were to be seized at the time of arrest for New York DWI, a legal process with hearings would have to be put in place. One complication in the plan is that many drivers either are leasing or have financed their vehicles, and do not own them outright. Both prosecutors and defense attorneys say the process of legally seizing a vehicle would be cumbersome.

Some District Attorneys prefer to initiate seizure of a vehicle after a conviction for drunk driving. The more accepted approach is to require ignition interlock devices in vehicles owned by repeat DWI offenders or those arrested with a blood-alcohol content more than twice the legal.

Do you need a New York DWI Attorney?

10/12/2006

(WSYR-TV) - The Onondaga County Prevention Network expects to see a 25% spike in its drinking and driving prevention program because of new legislation that toughens New York's drunk driving laws.

The law, signed by Governor Pataki, creates a new crime called aggravated driving while intoxicated.

It basically means you'll face higher fines and a longer license revocation if you're caught drinking and driving.

The bill has been tied up in Albany for a few years, local councilors say it'll help cut down on drunk driving accidents.

Source: http://www.9wsyr.com

Drinking a shot of beer in New York could get you arrested for drunken driving, thanks to a typo in a New York law passed this year.

Lawmakers approved a bill that sets the standard for driving while intoxicated at 0.18 grams of alcohol in a person's blood. But a person's body can produce that much alcohol naturally, according to Rochester DWI lawyer Ed Fiandach.

Instead of using grams, the law should have used blood alcohol content as a measure.

Source: msnbc.msn.com

You can rest easier however, as the legal limit for DWI in New York is still 0.08 and prosecutors do not plan on enforcing the new DWI law until the typo has been corrected.

New York lawmakers passed a bill that set the threshold for certain DWI cases at 0.18 grams of alcohol in the bloodstream. The trouble with that, according to New York DWI defense attorneys, is that the human body may produce that amount of alcohol naturally. What the legislators intended to do was set 0.18 percent blood alcohol content as a level that would prohibit prosecutors from negotiating a plea to a lesser charge. Lawmakers wanted to punish drunk drivers who were substantially over the legal limit and decidedly endangering other motorists.

The Governor purportedly knew about the error in the legislation when he signed it, but assumed the New York legislature would issue an amendment. That however would mean a special session or require DWI prosecutors to wait until next year when the legislature is scheduled to convene.