Search Site
Menu
Drunk driving: its factors and offenses in New York State

People in New York State invariably understand that being arrested and charged with drunk driving can lead to various consequences. The amount of alcohol in the system is important for drunk driving charges, but it is not necessary to be above the generally accepted level of .08 blood-alcohol content to be charged. Less alcohol in the system combined with other indications of impairment can lead to charges.

There are five factors that dictate how impaired a person is: how much they have had to drink; whether they have eaten and how much while consuming alcohol; how long the person was drinking alcohol; body weight and biological sex. People who have been drinking do not have a way to become sober enough to drive before the alcohol has left the system. That can only happen after enough time has passed for the alcohol to have been absorbed.

There are six different alcohol-related DWI offenses. Driving While Intoxicated will be charged if the person has a blood-alcohol content that registers .08 or higher or there is other evidence of intoxication. If it is a commercial driver, the level is .04 BAC. Aggravated Driving While Intoxicated is when the driver has a BAC of .18 or above. Driving While Ability Impaired by Alcohol is when the driver has a BAC of higher than .05, but less than .07. Drivers can face DWI charges if they are deemed to be under the influence of a combination of drugs or alcohol.

Drivers are required to take a blood, breath or urine test when asked to do so. Failure can result in a allegation of refusing a breath test, which has penalties of its own. Finally, there is the Zero Tolerance Law for people under the age of 21. The drinking age in the state is 21. If a person is caught with a BAC between .02 and .07 while driving under the age of 21, it violates this law.

Those who are arrested for DWI offenses listed above need to be aware of the consequences including the possibility of lost driving privileges, fines and even incarceration. Lodging a strong defense is essential. For that, a lawyer experienced in drunk driving cases is key.

Source: dmv.ny.gov, “Penalties for alcohol or drug-related violations,” accessed on April 23, 2017

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam Staier Attorney Photo
Adam Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    James and his team are amazing. They were very nice and attentive. I’m so happy to have found him and his team.

    Read more

    Jirah Perez

  • lawyers
    5.0/5.0

    Mr. Riotto is extremely knowledgeable, experienced, and skilled as a criminal defense attorney. If you ever find yourself in legal trouble, James is unquestionably the person you need to call.

    Read more

    Attorney

  • lawyers
    5.0/5.0

    Jim is an extremely competent attorney. He is careful to protect the rights and interests of his clients. I have been fortunate enough to act as local counsel to Jim, for his clients with cases in the geographic area near my office. Jim always obt...

    Read more

    Attorney

  • google
    5.0/5.0

    Great law office with very fair rates! James Riotto and his legal team helped me out with my case. They were incredibly informative, kept me in the loop, and fought for my rights. I am very satisfied with the outcome of the matter, and would recom...

    Read more

    Lauren K.

  • yelp
    5.0/5.0

    I hired Jim Riotto when I was pulled over for doing 55 in a 30, in Monroe County. From the time I called him to the time he got me his amazing result, he had me well informed the whole way and could not have been better. I really appreciate everythin...

    Read more

    Patrick C.

See all reviews
Contact us

Quick Contact Form