Long Island DWI Lawyers In Nassau Suffolk County  And Queens NY

After you have been criminally charged related to alcohol or other drugs, it is important for you to retain representation. You could find yourself facing jail time if you are unsure of what you are doing. The following are the drug and alcohol-related violations in Long Island State:

  • DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication
  • DWAI: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
  • DWAI / Drugs: Driving While Ability Impaired (by a drug that is not alcohol). . Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.
  • Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge will have their driver license revoked for one year and must pay a $750 civil penalty to apply for a new driver license

To explain, alcohol concentration is defined as the number of grams of alcohol per 100 milliliters of blood, the number of grams of alcohol per 210 liters of breath, or the number of grams of alcohol per 67 milliliters of urine. It should be noted that each of these three tests is different and conflicting results can occur. This means that potentially, your urine test could find you innocent while your breath test could find you intoxicated.

It is important to note that the legal limit of .08 is determined at the time the test was administered, and usually this is not at the time of driving. It can be anywhere from 30 to 75 minutes later. Therefore, a test reading can be off, in relation to whether the driver was intoxicated while driving, which is the crime. In other words, if you had two drinks in 30 minutes, then left right away, chances are your BAC would not register the two drinks if you were pulled over. It would probably only register one. However, you would not be given the breath test right there, but instead, at a later time when your BAC could be higher since your body has had time to process the alcohol. As a result, you would be charged with a DWI even though when you were actually driving, your body had not registered the alcohol yet and you were not influenced by it.

 

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