During the busy holiday season New York law enforcement officials often patrol local communities in search of drivers who may be operating their vehicles while influenced by alcohol. Driving while impaired is a charge that the courts of New York recognize and that can penalize a person with criminal sanctions if sufficient evidence is offered to prove that they were in violation of the drunk driving law.
The state recognizes a host of drunk driving charges and this informational post will discuss just a few of them. Readers are reminded, though, that this post is not offered as legal advice and is only an introduction to a detailed and complex topic codified in the laws of New York.
A DWI charge may be lodged if a person is found to be driving with a blood alcohol concentration in excess of .08 percent. That charge may be elevated to aggravated DWI if the person’s DWI is at or above .18 percent.
A DWAI/Alcohol charge, also known as a driving while ability impaired by alcohol charge, applies when a person’s BAC is between .05 percent and .07 percent. Additional evidence of impairment is required to make this charge stand.
Chemical test refusals, violations of the state’s zero tolerance law and other allegedly criminal conduct may result in a New Yorker facing a DWI or other drunk driving charge. Overcoming drunk driving claims can be difficult on one’s own, but with the help of knowledgeable DWI and drunk driving defense attorneys many people are able to confidently face their criminal legal matters with solid defense plans.