In New York, the laws regarding BAC, or blood alcohol content, are both similar and different to BAC laws elsewhere. Here’s what you need to know about BAC and how you can get help fighting a DWI charge. Further information can be found in section 1192 of the NYS Vehicle and Traffic Law.

What Affects Your BAC?

Blood alcohol content is variable and is affected by many factors, including but not limited to:

  • Age
  • Weight
  • Sex
  • Types of drinks consumed
  • How many drinks the individual consumed in a specific time period
  • Whether or not the individual ate before, during, or after drinking
  • Medication being taken by the driver

“Knowing your limit” is not a fail-safe way to avoid driving with an illegal BAC. Unless you carry a handheld breathalyzer with you, it’s nearly impossible to really know what your BAC is. While there are online BAC calculators that can get you close to what your BAC may be, it’s not an accurate way to know if you have the ability to drive legally. One should remember the ramifications can include fines, programs, loss of driving privileges, mandated use of interlock devices, probation and/or jail.

If the bartender mixed the drink a little too strong and you didn’t eat, your BAC could be radically different than it would be had the bartender made a lighter drink and you consumed food. The best strategy here is to understand that consuming any alcohol at all before driving could put you in the middle of a problematic situation. It is also important to note that one can be charged, and possibly convicted, of driving while intoxicated without a BAC reading.

BAC Laws in New York

  • 0.02% or over — Grounds for a DWI charge in persons under the age of 21
  • 0.04% or over — Grounds for a DWI charge in persons with a commercial license
  • 0.08% or over — Grounds for a DWI charge in persons age 21 and over
  • 0.18% or over — Grounds for an aggravated DWI charge

Again, more detailed information is contained in Section 1192 of the VTL.

Most of the time, a BAC is determined when a law enforcement officer asks an individual to blow into a breathalyzer test, although a BAC can also be obtained from a blood or urine sample.

When to Contact a Brooklyn DWI Lawyer

If you’ve been arrested for driving while intoxicated in New York, you potentially face significant penalties including the loss of your license, a criminal record and other possible sanctions. Don’t take any chances with your future — contact an experienced defense lawyer at Schwartz & Krysinski, LLP today.

We have the ability to aggressively defend the charges against you and protect your rights under state and federal law. Call us now for a consultation to discuss your case in detail at (718) 643-9333.