You definitely can, as a drunk driver in Nebraska recently discovered the hard way! In November 2019, a driver and a passenger were waiting for their food at a Taco Bell drive-thru in the Omaha area when they both passed out in the car. Police arrived to examine the situation and found both the driver and the passenger to be “Under the Influence.” They were charged for DUI, according to KETV.
A police officer who was on the scene posted the story on Twitter. Commenters voiced relief that the driver and passenger were apprehended before anyone was hurt on the roads. And while the situation might seem a bit humorous, the Twitter comments were right – driving while under the influence of drugs or alcohol is a serious mistake that could have devastating consequences.
What can we learn from this story?
You Don’t Have to Be Pulled Over to Be Arrested for DUI/DWI
When many people think about DUI arrests, they have a mental image of drinking a little too much before getting behind the wheel and then later seeing the dreaded flashing red and blue lights behind them. And while many DUI/DWI arrests happen this way – especially due to obvious reckless or impaired driving – you can also be arrested for Driving Under the Influence while your car is stationary. You can even face DUI/DWI charges for sleeping in your vehicle while intoxicated! If you’ve been drinking, the safest solution (in terms of avoiding both legal penalties and the risk of harming or killing yourself and others) is to not go anywhere near a vehicle that you could operate. Take an Uber, call a cab, phone a friend, take the bus, appoint a designated driver in advance – whatever is required to avoid the potentially life-altering consequences of driving while impaired by drugs, medication, or alcohol.
Penalties for DUI/DWI in New York
According to the New York State DMV, the violations for DUI/DWI are as follows:
- Aggravated Driving While Intoxicated (AGG DWI): $1,000 – $2,500, 1 year in jail, license revoked for at least one year
- Second AGG DWI in 10 years: $1,000 – $5,000, 4 years in jail, license revoked for at least 18 months
- Third AGG DWI in 10 years: $2,000 – $10,000, 7 years jail time, license revoked for at least 18 months
- Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug): $500 – $1,000, 1 year in jail, license revoked for at least six months
- Second DWI or DWAI-Drug violation in 10 years: $1,000 – $5,000, 4 years in jail, license revoked for at least one year
- Third DWI or DWAI-Drug violation in 10 years: $2,000 – $10,000, 7 years in jail, license revoked for at least one year
- Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination): $500 – $1,000, 1 year in jail, license revoked for at least six months
- Second DWAI-Combination in 10 years: $1,000 – $5,000, 4 years jail time, license revoked for at least one year
- Third DWAI-Combination in 10 years: $2,000 – $10,000, 7 years in jail, license revoked for at least one year
- Driving While Ability Impaired by Alcohol (DWAI): $300 – $500, 15 days in jail, license suspended for 90 days
- Second DWAI violation in 5 years: $500 – $750, 30 days in jail, license revoked for at least six months
- Third or subsequent DWAI within 10 years: $750 – $1,500, 180 days in jail, license revoked for at least six months
As you can see, the penalties for even “minor” DUI/DWI convictions are quite serious. Drinking and then driving could land you in jail, and cost you your entire savings or more. You could lose the privilege to drive for years. Not to mention that you could cause serious injuries or death to yourself, passengers in the same vehicle, other drivers on the road, or even pedestrians.
What To Do If You’re Facing DUI/DWI Charges
If you’ve been charged with DUI/DWI in White Plains, New York, you need experienced legal assistance to help get your charges dropped or reduced. Before talking to the police, call an attorney you can count on! Darren DeUrso has seen countless cases similar to yours, and he and his team will work to help you get your life back. Utilize your right to an attorney and contact Darren DeUrso immediately if you’re arrested for DUI/DWI in White Plains, New York.
188 East Post Road, Suite 300
White Plains, NY 10601