We've all seen those "don't drive intoxicated" ads on TV. The car is weaving ever so slightly, the blue lights come on in the background, and then there's the sad look of the driver at the end of the ad. The message is simple: don't drive drunk. As someone who works at a law firm that deals in DWI cases, however, I can tell you for certain that people don't get that message. Listen here, people of New York, a DWI is not a joke. It's not a small thing that happens and then you move on. A DWI arrest has the potential to ruin your life.
1. It's not just that you've been arrested.
They also seize your car and bill you for its towing and storage. Then they bring a civil case (in addition to the criminal DWI case) against you so that they can keep it.
2. Your finance company gets involved.
Unless you're super mega rich, you don't have enough money to buy your car on the day that you drive it off the lot. You need to get a loan for it. So, if you buy a Toyota Camry and finance it through Toyota, Toyota is a partial owner of the car for as long as there's a balance on your loan. In New York, that means that when your car gets seized, Toyota gets sued in the civil case too because they were a negligent owner by allowing you to drive it. Toyota doesn't appreciate that, so they sue you.
At this point in your life you have no car, have been sued by the government, sued by your finance company, and have been arrested.
3. Everyone wants your car.
The government wants your car to prevent you from driving it again. Your finance company wants your car because they don't want to be liable when and if you drive it drunk again.
4. Even if you settle your criminal case, things will turn out poorly.
Let's make this part really clear: if you have been arrested with a BAC higher than the legal limit, you will lose your car or have to pay thousands of dollars to keep it. The government can take your car under forfeiture laws and you're not winning against that. The premise of forfeiture as a punishment for wrongdoing has been a staple of the law since Ancient Greek times and it is well codified in our Constitution. If the government doesn't get your car, your finance company will. You signed a contract in which you agreed that if your car is used to commit an illegal act (i.e. driving while drunk), your contract is void and the finance company gets the car back. If you pay them the balance that you owe on the loan, then you can keep it, but I don't know how many of us have $15,000 - $20,000 lying around.
5. This will suck for you.
The end of your case can go down in a few ways. The good way happens when you shell out multiple thousands of dollars and pay off what you owe. Now your finance company doesn't hate you and you have your car. Also, now you're broke or paying off another loan with huge interest rates. The bad way happens when you don't have enough money to pay off what you owe or you can't get a loan and your car gets repossessed. Now your credit sucks and you have no car.
This is a serious matter. It can ruin lives. I've seen it firsthand at work. Driving drunk is not a joke. It's dangerous to you and everyone else. If keeping the roads safe for other drivers doesn't stop you from driving drunk, then think about it this way: if you drive drunk and get caught, you'll be broke and in rough shape. If you won't stop driving drunk for the sake of life, stop driving drunk for the sake of your wallet.
The moral of the story is to be smart and don't drive drunk.