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What is the Legal BAC Limit?
Blood Alcohol Content (BAC) is a measure of the concentration of alcohol in your bloodstream.
In the State of New York, driving with a blood alcohol content of .08% or more is considered Driving While Intoxicated (DWI) and may lead to arrest. However, a BAC of more than .05% is enough for legal evidence of impairment.
Chemical testing is not the only way to prove intoxication.
Police officers can use your driving abilities, appearance, and behavior as evidence, and if you are found guilty, you risk your driver’s license being revoked or suspended. It is important to note that commercial drivers are subject to strict BAC limits and penalties.
The Zero Tolerance Law in New York
In New York State, the legal age for purchasing and possessing alcohol is 21. Under the Zero Tolerance Law, any driver under 21 with a BAC between .02% to .07% is in violation. The penalty for this violation includes:
– A 6 month license suspension
– A $100 suspension termination fee; and
– A $125 civil penalty
For second-time offenses, your driver’s license is revoked for a minimum of one year or until you turn 21, whichever period is longer.
BAC levels of .18% or higher indicate Aggravated DWI, a serious offense that carries severe penalties.
How Many Beers is 0.08?
Your blood alcohol level is influenced by a variety of factors, including the type of alcohol you consume and the alcohol content.
Various factors include your age and weight, the type of beverage, and serving size, alongside individual considerations.
A Driver With a BAC Between .05 and.07 May be guilty of?
In New York, if you are driving with a blood alcohol concentration (BAC) ranging from .05 to .07, you will face specific legal consequences.
While you may not face the standard charges of Driving while intoxicated which requires a BAC of .08 or higher, you can still be charged with a lesser-known offense; Driving While Ability Impaired (DWAI).
DWAI
DWAI, or Driving While Ability Impaired, is a distinct category. DWAI recognizes the impairment of a driver’s abilities due to alcohol consumption, even at levels lower than the DWI limit.
This is a serious charge and acknowledges that any impairment can significantly affect your reaction time, decision-making skills, and control over the vehicle.
Penalties include:
– Fines
– Mandatory jail time; and
– Short-term license suspension
Whether a DWAI or DWI, there are implications and risks to consider with drinking and driving. The smallest amounts of alcohol can lead to legal issues and endanger everyone around you.
Your Own Admission to Drinking Can Give An Officer a Reason to Arrest you
A police officer will believe you are impaired if you make an admission that you have been drinking. You will then be placed under arrest, even if the initial Breathalyzer or Alco-Sensor reading was very low when you were pulled over.
A police officer can place you under arrest for the following:
– Common Law DWI
– Driving while ability impaired
– For appearing to be intoxicated under the common law
– Signs of bloodshot eyes
– Smell of alcohol
– Admission of consuming alcohol
– Stumbling
– Falling all over the place; or
– Having messy clothes
These signs of impairment alongside your admission are enough to charge you for probable DWI in the state of New York.
Police Officers Do Not Risk Letting People Go If They Might Even Be Slightly Intoxicated
Even if you are under the legal limit, a police officer can still place you under arrest. Even though you may have had only one or two drinks, your blood alcohol level can continue to rise, putting yourself and others at risk. In addition, it is a liability for the police officer to let you go. If you get into an accident or hurt someone, the police officer could potentially lose their job.
Drug Testing
People generally assume that if they have not recently consumed drugs or smoked cannabis, the drugs can remain in the system for up to two weeks to even a month. Because of this, they will often refuse the test because they expect positive results.
If you did not smoke cannabis the day you were pulled over but had a drink or two, yet you were not intoxicated or impaired, you would end up with a full-blown misdemeanor case where you would be charged with refusing to take a test. You may end up with your license suspended at the arraignment, and you will face misdemeanor charges.
Never make any direct admissions whatsoever about consuming alcohol or doing drugs to a police officer.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.