Many people think of a blood alcohol concentration (BAC) of 0.08% as the limit that they need to be aware of. When they drive, they can’t be over this limit or they would be in danger of arrest.
This is true, but the BAC laws in New York are much more nuanced than this. It’s important to know how they work and that it is not as simple as always avoiding a BAC of 0.08%.
For instance, the Department of Motor Vehicles notes that a BAC of 0.08% or above shows that you are intoxicated. However, at 0.05%, test results could be used as evidence of impairment. So you could face charges even if you’re under that upper limit. Additionally, if you reach 0.18% or higher, this is known as “aggravated driving while intoxicated.” It’s an even more serious charge.
Commercial drivers
Next, commercial drivers need to be aware that their BAC limit is 0.04%. This is lower than both of the limits discussed above, and half of the total most people assume. Anyone with a commercial driver’s license needs to be especially aware of this lower limit so that they do not drive under the influence and risk their career.
Underage drivers
Finally, if a driver is under 21 years old, it’s illegal for them to purchase or possess alcohol. As such, zero tolerance laws say that the detection of any alcohol could lead to a drunk driving arrest. As a general rule, this is defined as an amount between 0.02% and 0.07%.
Your defense options
Are you facing drunk driving allegations? They can have a major impact on your future, so be sure you know exactly what legal defense options you have.