New York Intoxicated Driving
By Perez & Cedeño
Oct. 26, 2010 3:51p
In New York there are two types of criminal charges for driving under the influence of alcohol including
driving while intoxicated (DWI) and
driving while ability impaired (DWAI) by alcohol. If a person is charged with driving while intoxicated, which is defined as having a blood alcohol concentration of more than .08%, they can face serious criminal charges including probation, fines and imprisonment. They can be charged with this "per se" or whether or not they had knowledge that their blood had reached that level of alcohol concentration. This makes it very important to contact a
New York DUI defense lawyer if you have been charged with intoxicated driving.
Allegedly failed breath and blood tests can result in a person receiving a driving while intoxicated criminal charge, even if there are extenuating circumstances which may have affected the results of the test. Things that might affect a person's driving or a BAC test include:
- Age
- Weight
- Illness or injury
- An incorrectly administered sobriety tests
- Malfunctioning BAC test devices
When a person does not fail the blood alcohol concentration test because they test below the legal limit of .08%, they may still be charged for driving while ability impaired (DWAI) which can be a lesser charge with less severe penalties but may still result in fines and probation. Typically, to determine if a driver is impaired by alcohol, New York law enforcement will rely on field sobriety tests, which, if administered incorrectly, can yield inaccurate results sometimes giving a false impression of impairment to the officer.
Intoxicated Driving Lawyer In New York
It is absolutely vital that if you have been charged with driving while intoxicated that you contact a legal team who is experienced and determined to investigate every aspect of your case to build the best defense possible. At Perez & Cedeño, PC we can offer you the help and advice you need to protect your rights and challenge your charges.
Contact a New York DUI Defense Attorney today to find the help
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