Impaired driving charges are a concern for anyone who occasionally enjoys alcohol. Police officers on traffic patrol watch carefully for intoxicated motorists. Some New York drivers get arrested because of their poor driving. If a police officer sees someone swerving all over the road or suspects they are under the influence at the scene of a crash, they may begin to suspect chemical impairment.
In many driving while intoxicated (DWI) cases, the state brings charges based on someone’s reduced driving capabilities. However, the DWI law in New York doesn’t just prohibit demonstrating poor ability on public roads. It also criminalizes having an elevated blood alcohol concentration (BAC).
Simply being over the legal limit is usually an adequate reason for prosecutors to pursue DWI charges against a driver. Drivers who fail chemical tests could face criminal prosecution even without any secondary evidence.
An elevated BAC is a crime in itself
The state-imposed limit for BAC is a per se statute. The law makes it a crime to get behind the wheel with an elevated BAC regardless of what happens next. Actual impaired ability isn’t technically necessary for the state to justify impaired driving charges. If chemical test results show that someone is over the legal limit, they are vulnerable to prosecution.
For most drivers, DWI charges are a concern once their BAC reaches 0.08%. However, there are lower limits that apply in certain special circumstances. A professional operating a commercial vehicle, such as an 18-wheeler, is subject to a 0.04% BAC limit. Drivers under the age of 21 who cannot legally drink yet risk charges once their BAC reaches 0.02%.
Prosecutors don’t necessarily need any proof of poor ability on the road. Chemical test results are often the main basis for per se DWI infractions. The good news for drivers accused of a per se DWI is that they may be in a strong position to defend against their pending charges. The state’s reliance on a single piece of evidence opens the door to several potentially successful defense strategies.
Fighting back against DWI charges requires an understanding of state law. Drivers who respond assertively may avoid convictions that could cost them their driver’s license, their freedom and thousands of dollars.