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New York DWI regulation changes prompt lawsuits from repeat offenders

Drivers who have had 5 or more DWI convictions in a lifetime or at least 3 DWI convictions in a 25-year period may have their licenses permanently revoked.
 
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    December 15, 2013 /24-7PressRelease/ -- New York DWI regulation changes prompt lawsuits from repeat offenders

Driving while intoxicated is a decision that many drivers come to regret for various reasons, including the legal consequences. Although some drivers may disagree with the severity of DWI penalties, many drivers who have faced DWI charges recognize that they knew what they were risking when they made the decision to drive.

Last year, however, the regulations governing New York relicensing were changed. Now, drivers from Nassau and elsewhere who have multiple DWI offenses face a real possibility of permanent license loss. Some drivers who have already been denied relicensing are now taking the issue to court.

Repeat offenders penalized

According to ABC News 10, the policy changes were approved last year and implemented this May. Under the new regulations, drivers who have had 5 or more DWI convictions in a lifetime or at least 3 DWI convictions in a 25-year period may have their licenses permanently revoked, according to a press release on Governor Andrew Cuomo's website.

In the past, New York drivers charged with DWI faced minimum suspension times, but repeat offenders could apply for relicensing. Proponents of the changes believe that now, people who have repeatedly demonstrated that they will not change their behavior will be effectively stopped from driving intoxicated.

Already, thousands of people have been denied relicensing under the new policy, according to ABC 10. However, many of these repeat offenders have filed lawsuits in the state Supreme Court. They argue that they are being punished retroactively -- some for offenses that occurred as much as two or three decades ago, when license revocation was not a possibility.

The issue is complex, and the outcome remains to be seen. Unfortunately for repeat offenders, some statistics do support the need for changes in New York DWI law.

DWI in New York

A brochure published by the New York Department of Motor Vehicles suggests some of the reasoning behind the harsh new laws. Facts listed include:
-A driver with a BAC at the legal limit, .08, is four times more likely to be involved in a crash.
-A driver with a BAC of .16, which is a little below the threshold for aggravated DUI, is 25 times more likely to be involved in a crash.
-Roughly one in three traffic fatalities in New York, including pedestrian deaths, involve people who are intoxicated.
-Teenage and 20-year old drivers have a threefold risk of playing a role in one of these accidents.

The need to reduce intoxicated driving accidents is clear. Still, the consequences of driving intoxicated can be very steep, even for first-time offenders. With the new regulations focusing on drivers who have a history of DWI, it is more important than ever for New Yorkers to do their best to avoid these situations and, if necessary, seek qualified help to deal with DWI charges.

If you have been arrested for DWI in New York, it is crucial that you contact an attorney, especially considering the changes in relicensing policy. An attorney can explain your options and may be able to help you win a more favorable outcome.

Visit us at http://longislanddwilawyer.org



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