In the state of New York, you can be prosecuted for driving while intoxicated (DWI) based upon the alcohol content in your blood, or based upon the impressions of the investigating officer. A person is charged with a DWI under the first legal theory, known as the “per se” law, if their blood alcohol concentration (BAC) is .08% or higher. A person’s BAC is determined through chemical analysis of breath or blood samples. Should tests reveal that the person’s BAC is .18% or higher, that person can be charged with Aggravated DWI – which carries greater penalties than a standard DWI charge. New York State also has a lesser charge, driving while ability impaired (DWAI), if a person’s BAC is between .05% and .07%. Lastly, it is illegal in New York for anyone under the age of 21 to operate a motor vehicle after consuming any alcohol under the state’s Zero Tolerance Law.

The second legal theory under which a person can be prosecuted for a DWI is a common law theory, where the charges are based upon the observations and opinions of the law enforcement officers who performed the arrest. The arresting officer administers a field sobriety tests to supplement his casual observations of a suspect in order to formulate an opinion about the intoxication level of that suspect. Essentially, if an officer determines that a driver has become intoxicated by his or her consumption of alcohol and is unable to operate a motor vehicle in a reasonable and prudent manner, then that person may be charged with DWI. A person may also be cited for a DWAI if the arresting officer observes that the person is impaired from consuming alcohol or drugs.

When you are charged and convicted for a DWAI, DWI, or Aggravated DWI, you may face losing your driving privileges, being fined over $1000, and spending time in jail. The penalties escalate depending upon the number of prior DWI convictions a person has, but regardless of whether it is your first offense or not, a New York DWI attorney can assist you. An experienced and knowledgeable Nassau County DWI  Lawyer may be able to help you keep your driver’s license or get you a reduced charge that results in a smaller fine and/or no jail time. The attorneys at Jason M. Barbara & Associates, P.C. have handled countless DWI matters and have been successful in achieving favorable outcomes for their clients faced with DWI offenses. If you or someone you know has been charged with any form of DWI, call Jason M. Barbara & Associates, P.C. at 516-775-5557 for a free consultation, and get the legal advice and representation you need to protect yourself and your driving privileges.