Can a Person Drink an Alcoholic Beverage While Driving a Car?

Under no circumstances is it permissible to drive a vehicle while drinking or consuming an alcoholic beverage. But did you know you cannot even possess the open container of alcohol in a car? Neither the driver or any passengers are allowed to consume or possess open containers of alcohol in a car. New York has some of the toughest open container (of alcohol) laws in the country. […]

Man Arrested For Boating While Drunk

It is common knowledge that drunk driving is illegal, but is it illegal to operate a boat while you’re drunk? In New York state the answer is yes. In fact, a man from Connecticut is facing charges for just that. According to the New Haven Register, the man was arrested for operating a rental boat while drunk on Trout Lake, roughly 70 miles north of Albany, and was charged with boating while intoxicated. Allegedly, the man’s BAC (blood alcohol concentration) was more than twice the legal limit. […]

Are DWI Laws In New York Being Overzealously Enforced?

A recent opinion piece in the Buffalo News asks the important question of whether or not police officers are going too far with some DWI (driving while intoxicated) charges? While the article’s author believes that driving drunk is dangerous and wrong, he also feels that the enforcement of some DWI laws in New York have become overzealous. He notes that under New York’s current laws a person can be convicted of driving while intoxicated even if they are not driving a car. […]

Uber Helps Reduce Drunk Driving

An article today from the Cato Institute reaffirms what we all probably suspected; Uber helps reduce incidents of DUIs (referred to as DWI, or driving while intoxicated, in some states) and fatal vehicle crashes. This isn’t all that surprising given the fact that ridesharing companies such as Uber give people a convenient and safe way to get home after they’ve had too much to drink to drive themselves home safely. What is surprising is the impressive rate of reduction in DUI arrests that Uber claims it is responsible for. […]

New York Legislature Passes Law Targeting Boating While Intoxicated

As summer approaches the boating season in New York begins. Across all lakes, rivers, and coastlines in New York thousands of people enjoy the water by operating boats. While the citizens of New York prepare for boating season, so does law enforcement. A common misconception is that you cannot be charged with a crime for operating a boat while intoxicated by alcohol or impaired by drugs. You cannot be charged with DWI while in a boat, but you can be charged with BWI (Boating While Intoxicated) under New York’s Navigation Law. Just like the DWI laws under Vehicle and Traffic Law Section 1192, New York’s Navigation Law Section 49-a categorizes the different types of BWI. Driving a boat while intoxicated or impaired by drugs as a first offense is a misdemeanor that can be punished by up to a year in jail, and with significant fines. Individual’s charged with BWI after having previously been convicted of BWI within the preceding 10 years, face a felony, which carries significant time in state prison, and large fines. […]

Governor Cuomo Proposes To End Prohibition Era Restrictions On Alcohol Sale and Production

One of our Law Clerks, Brandon Hellwig, from our Syracuse office, takes a look into some new changes coming from the Governor’s office. In May of 2016 New York Governor Andrew Cuomo announced that he was advancing legislation, which if enacted, would modernize New York’s 80 year old Alcohol Beverage Control Law, or as it is commonly referred to the “ABC” Law. The ABC Law was enacted in an era immediately following Prohibition, where religious and conservative attitudes towards alcohol led to what today seem like arbitrary restrictions on the time, place, and manner in which alcohol can be sold, consumed, and manufactured. Governor Cuomo’s efforts to change these arbitrary restrictions are part of a larger campaign to ease New York’s business restrictions to promote economic growth. […]

Is Driving While Tired As Dangerous As Driving While Intoxicated?

New York City has proposed new rules aimed at keeping tired taxi drivers off the roads. Proponents of the these rules argue that operating a motor vehicle while tired can impair a driver’s reflexes to the same extent as driving while under the influence of alcohol. There are several laws on the books that prohibit DWI (driving while intoxicated), and many drivers are aware of the dangers associated with driving drunk, however, driving while tired is rarely thought to be as dangerous as drunk driving. […]