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Pursuant to New York Vehicle Traffic Law Section 1192 2-a(b), any person operating a motor vehicle while intoxicated and transporting a child is guilty of a Class E Felony. [4] In the event that reckless driving and death or serious physical injury is a factor, an individual is guilty of a class D felony.
Like every other state in the United States, driving under the influence is a crime in New York and is subject to a great number of regulations outside of the state's alcohol laws. New York's maximum blood alcohol level for driving is 0.08% for persons over the age of 16 and there is a "zero tolerance" policy for persons under 16.
In the US, most of the laws and penalties were greatly enhanced starting in the late 1970s, and through the 1990s, largely due to pressure from groups like Mothers Against Drunk Driving (MADD) and Students Against Destructive Decisions (SADD) and activists like Candy Lightner whose 13-year-old daughter Cari was killed by a drunk driver.
However, it’s important to note that if you’re under the age of 21, you will typically face serious penalties if you have a BAC of even 0.01 percent — no matter what your state’s laws are.
In the U.S., one alcohol-related driving death occurs every 39 minutes. (13,384 people died in 2021 from alcohol-related traffic deaths, up 14 percent from 2020.
DUI penalties are some of the most severe in the nation. A person convicted of a DUI (even first offense) must have an interlock installed in his car for one year. Arizona has an 'Impaired to the Slightest Degree' law that can convict a person even if his BAC is less than .08%.
Despite being published in 2022, the NHTSA study only tracked one year of post-.05 data: Utah's 2019 drunk driving deaths (the .05 law was passed in 2018 and went into effect starting in 2019 ...
1937 poster warning U.S. drivers against drunk driving. Driving under the influence (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely. [1]
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