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New York Legal Alcohol Limit

A Means To Designate DWI Offenses

Driving while intoxicated offenses are typically prosecuted based on a person’s blood alcohol level. In the field, police officers typically use a Breathalyzer device to determine whether a motorist is intoxicated. Additional chemical BAC tests of the urine or blood can also be done to determine whether a person is operating a vehicle above the legal alcohol limit in New York City.

If you have been arrested for driving while intoxicated after registering a BAC reading above the legal limit, it’s important to remember that a positive test for DWI does not mean an automatic conviction. In fact, there may be grounds on which to challenge the results of a blood alcohol test. User error, defective equipment and other reasons may account for a test resulting in heightened BAC readings.

To learn more about blood alcohol limits, arrange a case evaluation with a New York City DWI attorney by

Calling 212-500-3273

Legal Alcohol Limits In New York City

Just as blood alcohol concentration is an important factor in law enforcement’s decision to arrest people on roadways, so too is this reading utilized by prosecutors in establishing the charges to be filed.

There are different classifications of DWI charges depending on the individual’s blood alcohol content and other factors, including age. The classifications and BAC limits are:

  • Driving while ability impaired (DWAI) — an individual may be charged with DWAI when his or her blood alcohol concentration is over .05 percent but less than .07 percent.
  • Driving while intoxicated (DWI) — an individual is typically charged with DWI when his or her BAC is .08 percent or higher.
  • Aggravated driving while intoxicated (AGG-DWI) a DWI is considered aggravated when an individual’s BAC level is .18 percent or higher.
  • Zero tolerance — New York City has a zero-tolerance law that makes it illegal for anyone under the age of 21 to have a BAC of .02 percent or greater.

Legal alcohol limits are strictly enforced by police officers and representatives from the court system. Registering a BAC reading above the legal limit, no matter by how little, opens you up to significant penalties.

Get The Legal Help You Need From A New York City DWI Lawyer

An attorney can answer frequently asked questions about DWI charges and will be familiar with all any potential problems with blood alcohol tests.

Your lawyer can guide you through the DWI process, potentially building a DWI defense on your behalf by showing that a test was administered incorrectly or that the equipment used for a test was in poor working order.

Because a failed blood alcohol test is typically the strongest piece of evidence against a person, being able to cast doubt on the credibility of a BAC reading can lead a court to dismiss or reduce the charges against you.

Set up a consultation to discuss your case with a New York City DWI lawyer by

Calling 212-500-3273