New York imposes stringent drunk driving laws. However, the rules regarding blood alcohol limitations vary in certain circumstances. If you are facing a DUI in New York, it’s in your best interest to consult an experienced Garden City, NY DWI/DUI Attorney who can help shield you from an uncertain future. Please continue reading to learn whether or not you can be charged with a DUI if you are below the legal limit.
What is the Legal Limit?
The legal limit is the term used to describe the maximum amount of alcohol a motorist can have in their system behind the wheel before facing a driving under the influence (DUI) charge. Under New York law, it’s illegal for a motorist to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or more. This offense is referred to as “per se” driving while intoxicated. Essentially, if your BAC is above a certain level it automatically constitutes a DUI. This means you can still be charged even if you are not driving erratically or recklessly.
It’s important to note that New York has a Zero Tolerance Policy, which means motorists under 21 have a legal limit of 0.02%. Those who drive commercial vehicles have a legal limit of 0.04%. However, it’s possible to be charged with a DUI even if your BAC is below the legal limit. Regardless of your BAC reading, a police officer can arrest you if they believe your driving is impaired based on observations such as slurred speech or slow reaction time. The officer’s primary concern is whether your driving ability has been impaired by alcohol.
What Should I Do if I’m Pulled Over?
If you are pulled over for suspected drunk driving, it’s important to remain calm. If the officer asks you if you have had anything to drink, knowing how to respond is crucial to ensure you avoid self-incrimination. While you may assume being honest is in your best interest, this may give the police additional information they can use against you. Nevertheless, lying to the police is a crime. That said, it’s in your best interest to invoke your Fifth Amendment right to remain silent.
If you are placed under arrest for DUI, the most important thing you can do to protect yourself is to retain the legal services of a skilled criminal defense attorney from KCS Law, who can help you understand your rights and formulate a robust defense strategy. A conviction can result in overwhelming fines, loss of driving privileges, and jail time. Connect with our firm today to learn how we can fight for your future.
