Thanksgiving Eve, or “Blackout Wednesday,” has become one of the most popular—and dangerous—nights of the year for drinking and driving in Buffalo. With people returning to their hometowns, bars packed, and a celebratory mood in the air, many individuals partake in drinking without fully understanding the potential risks that come with it. Law enforcement agencies in Buffalo are well aware of this spike in drinking, which is why they ramp up patrols on the night before Thanksgiving, actively seeking out those driving under the influence.
Robert Friedman
Michael Ranzenhofer
Justin Friedman
John Dracup
If you plan to go out for Blackout Wednesday and consume alcohol, it’s crucial to understand the impact of drinking and driving, the law regarding blood alcohol content (BAC), and the consequences of being caught under the influence. Here’s what you need to know about how BAC, Zero Tolerance laws, and license risks in Buffalo can affect you this holiday season.
What is Blackout Wednesday? 
Blackout Wednesday refers to the night before Thanksgiving when many people—especially college students—return to their hometowns to reconnect with old friends, celebrate, and get ready for the big day ahead. It’s a night where many bars and local establishments see an influx of patrons. As the name suggests, it’s a night that can lead to excessive drinking, often resulting in impaired judgment and dangerous driving.
For Buffalo, and many cities around the country, Blackout Wednesday is notorious for driving under the influence (DUI) and driving while intoxicated (DWI) arrests. The Buffalo Police Department and other local law enforcement agencies are well aware of the high number of drinking-related incidents on this night, making it one of their most proactive in terms of enforcing DWI laws.
While it’s a time to enjoy socializing, the realities of drinking and driving mean that many people will be risking more than just a hangover. If you choose to drive after drinking, you could be putting your safety, your freedom, and your future at risk.
One of the most important factors to keep in mind during Blackout Wednesday is understanding the legal limits of blood alcohol content (BAC) while driving. In Buffalo, as well as throughout New York State, the legal BAC limit for most adult drivers is 0.08%. This means that if your BAC is 0.08% or higher, you are legally considered impaired, and driving under this influence can result in a DWI charge.
However, you don’t have to be visibly drunk to exceed the legal limit. BAC is influenced by several factors, including:
- Body weight: A person with a higher body weight may be able to drink more alcohol before reaching the legal limit compared to someone with a lower body weight.
- Gender: Women generally reach a higher BAC quicker than men, even if they drink the same amount of alcohol.
- Food consumption: Drinking on an empty stomach can lead to a higher BAC more quickly.
- Alcohol type and consumption rate: The rate at which alcohol is consumed and its alcohol content (e.g., beer, wine, spirits) will affect how quickly your BAC rises.
It’s important to remember that even if you don’t feel drunk, your BAC might still be over the legal limit, and you could be arrested for DWI. The best way to avoid this risk is by either planning ahead and having a designated driver or using rideshare services like Uber or Lyft to get home safely.
The Zero Tolerance Law and Underage Drinking
New York State enforces a Zero Tolerance Law for drivers under the age of 21. This law is incredibly strict when it comes to alcohol consumption for anyone who has not reached the legal drinking age. Under this law, drivers under the age of 21 are prohibited from having any measurable alcohol in their system while driving.
For example, even if an underage driver has a BAC of 0.02%—which may be caused by a single drink—they could face serious penalties. This is a critical point for anyone under the age of 21 planning to attend a Blackout Wednesday event. While it may seem harmless to have one drink, any detectable alcohol in your system could lead to consequences such as:
- Suspension of your driver’s license: At least 6 months for a first offense.
- Fines: You will likely be required to pay significant fines as part of your sentence.
- Educational programs: Court-ordered alcohol education programs or counseling may also be part of the consequences.
For underage drivers, the risks are even higher because the legal consequences for breaking the Zero Tolerance Law are stricter than for adults. Even small amounts of alcohol can lead to long-term impacts on an underage driver’s record, and being caught driving under the influence can have a lasting impact on their future opportunities and career.
The Impact of a DWI on Your License
Getting arrested for a DWI in Buffalo can have serious consequences, not only in terms of fines and criminal charges but also for your driving privileges. A DWI conviction can lead to the suspension or revocation of your driver’s license, which can have a profound impact on your life.
If you’re convicted of a DWI, here are some of the potential consequences you could face:
- License suspension: The length of time your license is suspended can vary based on factors such as your BAC level, prior offenses, and whether you have had a prior DWI conviction.
- Fines and fees: A DWI conviction typically comes with fines ranging from hundreds to thousands of dollars. You may also have to pay for alcohol education classes, which can add to your costs.
- Mandatory IID installation: For repeat offenders, a court may order the installation of an Ignition Interlock Device (IID) in your vehicle, which requires you to breathe into the device before starting your car to ensure you are sober.
- Possible jail time: For higher BAC levels or multiple offenses, jail time may be imposed in addition to other penalties.
- Insurance rates: Following a DWI conviction, you may experience a significant increase in your car insurance rates. Insurance companies see you as a high-risk driver, and your premium could skyrocket as a result.
In addition to these immediate consequences, a DWI conviction can stay on your record for years, affecting your driving privileges and your criminal record. In some cases, it can even impact your employment opportunities, especially if you rely on driving as part of your job.
What to Do If You Are Arrested for DWI
If you are arrested for DWI on Blackout Wednesday or any other time, it’s essential to stay calm and understand your rights. Here are the steps you should take:
- Stay calm and polite: Cooperate with the police officer, but do not answer questions about where you’ve been or what you’ve been drinking. You have the right to remain silent.
- Breathalyzer tests: You will likely be asked to take a breathalyzer test to measure your BAC. If you refuse to take the test, you will automatically face a one-year license suspension under New York’s implied consent law. It is better to take the test than face an automatic suspension.
- Call a lawyer: Contact a DWI attorney immediately. A skilled attorney can help guide you through the process, assist in gathering evidence for your defense, and help you reduce the severity of the penalties.
- Don’t make assumptions: Even if you believe you were under the limit or didn’t feel drunk, don’t assume you’ll be fine. The law is strict, and the penalties can be severe.
If you are facing a DWI charge, having an experienced attorney on your side can make all the difference. They will be able to assess the situation, help you understand your rights, and work with you to achieve the best possible outcome.
While Thanksgiving Eve is a time to celebrate and reconnect with loved ones, it’s important to remember the risks associated with drinking and driving, especially on Blackout Wednesday. In Buffalo, local law enforcement is on high alert for impaired drivers, and the consequences of getting caught driving under the influence can be severe. Understanding BAC limits, Zero Tolerance laws, and the potential impact on your license is crucial for staying safe this holiday season.
If you’re planning to drink, always make arrangements to get home safely. Designate a sober driver, take a cab, or use a rideshare service like Uber or Lyft. The risks are simply too great to ignore, and your safety and the safety of others on the road should always come first.
This article is for informational purposes only and is not legal advice. Consult Friedman & Ranzenhofer, PC about your specific situation.