The state of New York takes drunk driving seriously and imposes significant penalties on individuals accused and convicted of driving with alcohol in their systems. It is important that drivers understand the laws if they are charged with drunk driving, but this blog does not provide legal advice and readers are asked to discuss their own cases with their personal attorneys.
Drivers in New York are considered drunk per se if their blood alcohol concentration is at or above 0.08%. If a person is able to perform some coordination-based assessments but has a BAC of 0.08%, they can still be arrested for drunk driving. A person who exhibits intoxicated driving behaviors but has a BAC lower than 0.08% may also be arrested for a DUI crime.
Young drivers in New York are held to an even higher standard because they are not legally allowed to drink. Any driver under the age of 21 who is found to have a BAC of 0.02% may be charged with a drunk driving crime. This falls under the state's zero tolerance law for young drivers.
Anyone found to have a BAC of 0.18% or higher may have their charges heightened to an aggravated charge. Aggravated charges carry heavier penalties and impose greater burdens on those charged. This brief review of New York's drunk driving laws is offered to provide readers with basic details on the charges that they may face if they are charged with drunk driving. If you are facing drunk driving charges, you should contact an attorney to discuss your case.