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. That’s a violation of penal law.
If the blood alcohol level is 0.18 and above, you will be charged with aggravated DWI. The New York State Legislature had recently passed a law to make aggravated DWI a much more serious offense. This is a serious felony. The penalties are more severe, and the prosecution has less discretion to reduce the charge down or plea bargain the charge down because it’s such a high blood alcohol level. It’s very important that the defense attorney review the blood alcohol results to determine which category you find yourself in.
The Law Office of Kevin T. Conway serves Rockland County with effective representation regarding criminal matters, including sex crimes, DWIs, drug crimes, violent crimes, illegal gun possession, juvenile matters, and more. If you need our legal services, contact our Spring Valley law firm today.