While most people do not intend to drive drunk, the fact of the matter is that many people in the New York Metro area will one day be pulled over by police on suspicion of drunk driving. The following is a brief overview of New York’s DWI laws, but as always, this post does not contain legal advice. Those facing drunk driving charges will want to seek professional guidance to protect their interests moving forward.
Drunk driving charges in New York based on BAC
First, most people know that if your blood alcohol concentration is at or above the legal limit of 0.08%, you will be charged with DWI. The matter is even more serious if your BAC is 0.18% or higher. In this circumstance, a motorist can be charged with the more serious crime of aggravated DWI.
However, you could face drunk driving charges under certain circumstances even if your BAC is below the legal limit. For example, if you are driving a commercial vehicle and your BAC is 0.04% or higher, you could be charged with DWI. And, if your BAC is over 0.05% but under 0.07% or there is other evidence that you are too impaired to drive safely, you could be charged with driving while ability impaired by alcohol (DWAI/Alcohol).
Age is also a factor in drunk driving charges. If a motorist is under age 21 and has a BAC of 0.02 to 0.07, they will be in violation of New York’s Zero Tolerance Law.
Also, New York has implied consent laws, meaning as part of the privilege of driving, motorists agree to submit to a chemical test when asked. If a motorist refuses to do so, they could be charged with chemical test refusal.
Seek assistance when facing DWI charges
The penalties for any of these crimes could include the loss of your driver’s license, steep fines and even a jail sentence. Thus, those facing drunk driving charges will want to seek the assistance they need to develop a solid defense strategy that will reduce the charges against them or have the charges dropped altogether.