New York has strict regulations to deter drunk driving, and “per se” intoxication laws are among the most significant. If you are unfamiliar with the term, understanding how these laws work can help you navigate the legal system and make informed decisions.
Per se literally means “by itself” or “on its own.” New York’s per se intoxication law makes it illegal to operate a vehicle with a blood alcohol concentration (BAC) level of 0.08% or 0.04% for commercial vehicle drivers. It doesn’t matter whether you appear impaired or how sober you feel. You could face drunk driving charges if your BAC is above the legal limit.
For drivers under the age of 21, the limit is further lowered to 0.02%. This means that even one alcoholic drink could lead to legal issues.
How is BAC determined, and can you challenge the results?
BAC levels are typically measured through breath, blood or urine tests administered by law enforcement. Breath tests are the most common — often conducted using a breathalyzer. Blood and urine tests may also be used in certain circumstances. However, BAC results aren’t always infallible.
Factors like improper calibration of the breathalyzer, procedural mistakes during testing or medical conditions can lead to inaccurate readings. As such, you may have legal grounds to challenge the results in court if you suspect they were obtained improperly or incorrectly.
Explore your defense strategies
It’s worth noting that successfully disputing your BAC levels will not necessarily lead to the charge being dropped. While BAC is crucial evidence, it’s not the only factor the court considers in drunk driving cases.
The prosecution may still rely on other evidence to prove impairment like officer observations, field sobriety test results or witness testimony if your BAC results are deemed inaccurate or inadmissible. Seeking legal guidance can help you understand your rights and defense strategies tailored to your situation to increase the likelihood of a desirable outcome of your case.