3 Recent And Proposed DWI Law Changes Drivers All Over The Country Need To Know About

While, ideally, it is best to never drive after imbibing in an alcoholic beverage, DWI laws all over the country typically allow drivers to operate motor vehicles when they have low BAC levels that they feel does not impair the driver enough to lead to bad judgement on the road. If you are someone who drives after having a drink or even two over the course of a long night, then you need to stay on top of DWI law changes; not staying on top of common changes in law, such as lowered legal BAC levels or stricter punishments for being caught driving under the influence could lead to a surprise DWI charge after you have only had "a little" to drink, or with much heftier legal consequences than you expected. 

Read on to learn about 3 recent changes and pending changes in DWI law in several states and how they impact you as a driver. 

1. Two Changes in New York DWI Law Passed the Senate in 2016

Whether you live in New York State or plan to take a trip there in the future, there are two bills that would change New York DWI law that you need to know about that have already passed the senate and, if approved by the House and signed by the governor, would become official New York laws. 

The first, called Abbagail's law, would make it illegal for a person who holds a driver's license to be intoxicated while in the passenger seat of a driver with a learner's permit. While the law would make supervising another driver with a BAC just over the legal limit a misdemeanor, a supervising driver with a BAC of .18 or over would be charged with a felony. The bill is named after a young girl who was killed in a collision caused by a driver with a learner's permit whose "supervisor" with a valid driver's license was intoxicated. 

The second bill that has passed senate and could soon be enacted if it becomes official law is simply called Bill S4220. If you have ever had a DWI conviction in the past, then these changes in law will affect you. If enacted, this law would make jail time mandatory for anyone convicted of a second DWI. While currently, a good DWI lawyer can help someone facing a DWI charge avoid jail time, if this law is put into place, anyone convicted of a second DWI would have to go to jail for 30 days, and conviction of a third DWI would require a mandatory 90-day sentence. 

In addition, this bill proposes that those convicted of a second aggravated misdemeanor DWI, which is a higher charge given to an intoxicated driver with a passenger in the car under the age of 16, a mandatory 6-month jail sentence. 

2. Minnesota Has Already Enacted New Laws That Lower the BAC Required for a Gross Misdemeanor Charge

Like many other states, Minnesota courts hand out stiffer penalties for those driving with very high BACs, or Blood Alcohol Concentrations, as they do those who are driving just over the legal BAC limit. Previously, drivers arrested for driving with BACs from just above .08, which is the legal BAC limit in the state, to .19 were charged with misdemeanor DWI, and those with BACs of .20 or higher were charged with a gross misdemeanor, which comes with stiffer legal penalties than simple misdemeanors. 

While the legal BAC is still .08 in the state, the threshold for a gross misdemeanor DWI charge has been lowered to a BAC of .16. While the Minnesota penalty for a misdemeanor DWI is up to a 90-day jail sentence and a $1,000 fine, the maximum penalty for a gross misdemeanor DWI is up to a full year in jail and a $3,000 fine. 

If you ever drive after having just a drink or two, then staying on top of changes in DWI law can help you make sure you are still driving under the legal BAC limit and let you know what penalties you are facing if you accidentally imbibe in "a few too many" drinks and are arrested for DWI. Of course, sentences can vary, so always contact a good DWI lawyer, such as those at The Law Offices of Nathan A. Steimel, if you are ever arrested for DWI, so they can help you avoid the maximum jail time and fines in the state you are arrested in or even help you get the case dropped. 


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