New York has a drunk-driving threshold of 0.08%, falling in line with every other state, which adopted this level or faced losing federal highway funds. However, a first time DUI in New York is just a traffic infraction so long as there are no injuries or a crash. After that first DUI, subsequent DUIs become a misdemeanor or a felony, depending on how much time has passed between DUIs. If there are serious injuries or a death involved with a DUI, the driver can expect to face very serious charges, including charges like vehicular homicide and vehicular manslaughter.
The Times-Union reports on a man facing these charges after a deadly Clifton Park DUI accident.
On Saturday, 58-year-old Dickie R. Winn allegedly drove while intoxicated and was involved in a crash on Route 9. The crash killed 33-year-old John A. Heneghan and 32-year-old Caitlyn J. Holtzman. Three other people were injured in the collision.
Winn has no prior criminal record. He served in the Army for nearly 30 years, including doing 7 tours.
According to police, at about 3 p.m. on Saturday, Winn’s vehicle veered from his lane while traveling southbound on Route 9. He struck a vehicle that had been stopped at a traffic light. At the time of the crash, Winn’s blood-alcohol level was allegedly 0.16%.
The five occupants in the car that Winn struck were on their way to a wedding.
Winn is charged with aggravated vehicular homicide, two counts of vehicular manslaughter, and driving while intoxicated. His bond was set at $100,000. He is scheduled for his next court date on June 5th at the Clifton Town Park Court.