In the state of New York, any licensed driver who is suspected of driving under the influence must consent to a chemical test. If they refuse this test, their driver’s license will be automatically suspended for a minimum of one year.
However, this law, documented on the Department of Motor Vehicles site, doesn’t stop some drivers from continuing to drive under the influence. One driver allegedly hit and killed a teenager and injured his fiancee as the couple was coming home from a date on Jan. 18. This happened less than a year after the driver was charged with a felony DWI, felony aggravated unlicensed operation of a motor vehicle, driving with a blood-alcohol count of more than .08 percent, driving without a license and passing a red light on LeMoyne Avenue in Syracuse.
While New York law guarantees that a DUI offender will have his license taken away, it is not a guarantee that the driver will not illegally continue to drink or drive. The blood alcohol concentration for drinking while driving is .08 percent for people ages 21 years old or older, .04 percent while driving a commercial motor vehicle and .02 percent for those under the age of 21.
Victims who wish to pursue wrongful death after a DWI accident will need to be able to prove in court that the other driver was negligent or disobeyed the law and caused harm to them. They will also need to show that the driver’s actions are the direct cause of the other person’s death.
Source: Syracuse.com, “Teen killed in DWI crash outside Destiny USA was about to graduate college, become a police officer,” Catie O’Toole, 01/20/2015.