When you operate a motor vehicle while intoxicated by drugs or alcohol you will face DUI (Driving Under the Influence) charges. DUI, also referred to as DWI (Driving While Intoxicated) is a serious crime in New York and can be met with various legal consequences. It is often believed that as long as your BAC is under .08 you cannot be arrested for a DUI, but this is a common misconception. If you are facing drunk driving charges it is crucial that you obtain skilled representation. Reach out to a New City DWI defense attorney to discuss your case today.
A BAC (Blood Alcohol Content) is a measurement of the concentration of alcohol in an individual’s bloodstream. BAC can be determined by a breathalyzer or blood test. Police officers often administer breathalyzer tests during traffic stops if they believe that the driver may be under the influence of alcohol.
Blood tests are generally performed in a hospital or at the police station. A medical professional will draw blood and test it to determine the amount of alcohol present in the sample.
All U.S. states stipulate .08% as the legal limit of blood alcohol content. This means that driving a vehicle with a BAC of .08 or higher is illegal.
While .08 is the legal limit, the crime of DUI is simply driving while under the influence of drugs or alcohol. Everyone is different, meaning that they will react to alcohol differently. An individual may be considered impaired by alcohol even with a BAC under .08. Despite being under the legal limit, this is still illegal and can lead to DUI charges.
Any BAC of .05 or more can be used to prove impairment and result in a DUI. Law enforcement is within their rights to determine an individual’s impairment by observing a driver’s behavior, using their sense of smell to detect alcohol, and conducting field sobriety tests to evaluate the individual’s coordination and motor skills.
Additionally, because the legal age to drink alcohol is 21, a minor driver can get a DUI with a BAC under .08. Under the Zero-Tolerance Law passed in New York in 1996, any driver under the age of 21 with a BAC between .02 and .07 can be arrested and charged with a DUI.
Everyone processes alcohol differently so there is no way to know for certain how much alcohol will cause you to be considered legally impaired. Your BAC can be impacted by a number of factors including the following.
You and a friend could drink the exact same amount but depending on the above factors one of you could have a significantly higher BAC than the other and regardless of your BAC one of you may be more impaired than the other.
For more information on your rights after being arrested for a DUI, reach out to a skilled attorney at the Law Office of Kevin T. Conway today.
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