If arrested or convicted for DWI/DUI in New York, there is a possibility that your insurance coverage will be cancelled or increased exponentially.
This will depend largely on the policies of your insurance carrier having to do with their insured clients who are arrested and convicted of DWI or any lesser offenses such as driving while ability impaired, which is only a traffic infraction.
In any case, there is a possibility that your insurance company may cancel your coverage. Additionally, some insurance carriers may not cover a particular accident or crash if you have been arrested or charged for DUI in connection with the incident.
In circumstances in which there is not a crash involved, but you have been arrested and/or charged with DUI, your insurance carrier may deem that to be a warning that they should drop you before another, more serious incident occurs.
How Long Am I Going To Lose My License If I’m Arrested Or Convicted Of A Driving While Intoxicated Or Driving Under The Influence Charge In New York State?
If you’re convicted of a regular DWI in New York state, your license can be revoked for a 6-month period. If you’re convicted of any aggravated DWI offense, your license can be revoked for a period of one year.
It is important to note that the term “revoked” is a legal term of art. When your driver’s license is revoked, it means that it is cancelled under New York law. At the end of the period of cancellation or “revocation”, you will need to reapply for your driver’s license through the Department of Motor Vehicles.
This does not mean you will need to take the permit, exam and road tests again, but you will need to re-apply for your license, and if and when it is reinstated by the DMV, you will be in a probationary status for typically six months from the time of that license renewal.
If your license is suspended as a result of a conviction such as a first-time DWAI, which is a traffic infraction, that suspension on your license is typically for a period of 90 days, at the end of which you will need to reinstate your license or pay a suspension lift fee.
There may be other requirements that the Department of Motor Vehicles will require. These requirements can include attending a 7-week impaired driver program, which DMV will notify you of, and of which comprises two hours per week for seven weeks in a class concerned with impaired driving. This requirement will typically result in a total of approximately 15 hours of impaired driving program participation.
Is A DWI Or A DUI Arrest In New York State Legal If The Cops Never Saw Me Driving?
The legality of a DUI/DWI arrest in New York when a person is not seen driving depends on the circumstances surrounding the arrest.
A myriad of circumstances can provide evidence that you were the operator of a vehicle. This evidence can include the following situations: you being near the car; having in your possession keys to the car; the car being registered in your name or not; admissions you may have made regarding whether or not you were driving; or another party advising the police that you were driving.
Ultimately, it can be legal for you to be arrested for a DWI even if the police did not see you in a vehicle or operating or driving a vehicle.
Can I Be Arrested For Driving While Intoxicated Or Driving Under The Influence If I Was Sleeping In My Car?
Under some circumstances, you can be arrested for DWI, DUI, or DWAI if you are sleeping in a car. This is particularly the case if police find that there was any operation of the motor vehicle.
“Operation” is in this case a legal term of art. This means, for example, that “operation” can constitute keys being in the ignition of a vehicle that is running. Other scenarios might involve circumstantial evidence in which law enforcement may have casually questioned you by asking things such as, “How are you doing?” Or, “When did you drive here?”
If and when you respond to these questions in a manner such as, “I drove here about 20 minutes ago and I’ve been sleeping ever since,” you have just made an admission to the operation of a motor vehicle.
In this case, even though the police did not observe you operating the vehicle, they have probable cause to believe that you were driving due to your statement, and can perform certain tests, ask you certain questions, or discern the odor of an alcoholic beverage on your breath.
If this occurs and you fail any field sobriety tests, you can be arrested for DWI or any other “Driving While . . . “ offenses, even though you were discovered sleeping in your car, and even if you intended to do the right thing by resting and sleeping off the influence of the substance that you were under.
For more information on DUI Law In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 533-0265 today.