DWI Breath Test in New York – Are You Over The Legal Limit?
Reader’s Question:
If I took the breath test and the result was only .07% BAC, less than the legal limit of .08%, will I be safe from being charged a DWI case in New York?
Karen
Amherst, NY
Tricky question Karen, thanks for asking. Blood alcohol content, or BAC, is defined as the measurement (or concentration) of alcohol found in a person’s bloodstream. In the state of New York, this is calculated by a percentage by weight of blood.
Although you’re BAC result shows less than New York’s legal limit of 0.08%, you might still be penalized under the law. For first-time offenders there are three levels of DUI offense in the state of New York: DWAI or driving while ability impaired, DWI or driving while intoxicated and Aggravated DWI.
DWAI is commonly referred to individuals with a BAC of between 0.05 and 0.07. This is not completely accurate, as those BAC levels do not necessarily make a person guilty of DWAI, since there are many factors that can contribute to misinterpretation of BAC. However, it is accurate in the sense that a person who shows a 0.05 to 0.07 BAC will usually be charged with a DWAI. A good lawyer will almost always get a good arrangement or even a dismissal with a 0.05, and most of the time on a 0.06. The 0.07 BAC is a tougher one but it is still debatable. The penalty rate for DWAI ranges between $300 to $500, but surcharges and assessments can total to over $1000. With a DWAI case, the driver is almost always suspended for 90 days, and usually required to take the Drinking Driver Program (DDP) to get a conditional license. In addition, to lift the suspension, after 90 days the driver pays a $25 fee.
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