In New York State, the blood alcohol level can determine, from the outset of the arrest, what level or grade offense charge you will be issued.
If the blood alcohol level from a test that you’ve submitted, either breath sample, blood test, urine test, or saliva test yield an alcohol content in your blood of 0.06 or 0.07, then you’re charged with driving while ability impaired.
That’s just a traffic ticket and a non-criminal offense.
If the blood alcohol level is 0.08 and above, you could be charged with a misdemeanor grade offense.
If the blood alcohol level is 0.18 and above, you will be charged with aggravated DWI.
For anything over 0.08, you are most likely facing a misdemeanor or felony.
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