New Driving While Intoxicated (DWI / DUI) Blood / Breath Alcohol Content (BAC) Calculator: Understand the Factors Impacting Your BAC Before You Need a Criminal Lawyer
There are a couple of factors that determine the severity of the charge against you. For one, the law considers the number of DWI offenses you’ve actually been convicted or plead guilty to. First offenses are not treated nearly as harshly as subsequent offenses and the penalties get much worse each time you break this law.
If you submitted to a chemical test of your blood (the most common method being a breath test) and “scored” .08 BAC or more, your license shall be suspended at arraignment. This is called a Suspension pending Prosecution (NY VTL §1193(e)(7)).
If you had a valid driver’s license prior to the suspension pending prosecution and did not have a prior conviction for Driving While Intoxicated or Impaired, or complete the Drinking Driver Program within the proceeding five (5) years, you may be eligible for a conditional license after the expiration of 30 days. The conditional license will be issued by the Department of Motor Vehicles.
What happens when you are charged with DWI and how is the seriousness of the offense determined? There are two primary factors that determine how serious a specific DWI charge is:
A. Your Blood Alcohol Level (BAC)
B. The number of prior DWI offenses that you have been convicted of.
The two ways in which your BAC can be measured (by driving on the highways or roads of New Jersey you have automatically consented and have no right to refuse (legally) having your BAC measured. It can be measured through a Breathalyzer (which is the most common method) or through a blood draw. The Breathalyzer measures the level of alcohol that is the actual percentage of alcohol in your blood stream and is made at the time of your arrest. Any reading under 0.8% is technically legal.
While you shouldn’t need a NY criminal defense attorney to tell you it is a bad idea to get behind the wheel of a vehicle in New York State (or any state for that matter) after having consumed alcohol, we have provided our readers with a tool that can assist them in understanding how much alcohol one must consume before one is legally intoxicated. In New York, that legal level to sustain a conviction for Driving While Intoxicated (DWI /DUI) is .08. However, even if one’s BAC is not recorded, courts can still find one guilty under the “Common Law” DWI / DUI statute that is satisfied through observations of drunkenness on the part of a police officer.
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If you are facing DUI or DWI crimes, seek the legal opinion of a New York Order of Protection Attorney and New York DWI Attorney in order to know the possible remedies of your case. Call us at Stephen Bilkis and Associates.