What’s considered to be a high blood alcohol content?



    Drinking alcohol and driving is never a good idea. However, sometimes people can make mistakes where they drive while under the influence. A one time mistake will not ruin your life. If you continue to commit these offenses, it may have a more serious impact though. In New York state, drivers cannot have a blood alcohol content that exceeds 0.08% if they are of the legal drinking age. If they are under 21 years old, they are not legally allowed to drink yet. This means that they can be charged with an even lower BAC

    The blood alcohol content of an individual can impact the penalties they face for a DWI. When drivers are charged with driving while intoxicated with an increased BAC, they may face life-changing consequences. If it is found that their blood alcohol content was at 0.18% or higher, they can face some of the harsher penalties for this offense. Drivers may be charged with aggravated driving while intoxicated. This is considered to be a very serious offense even worse than a DWI due to the higher BAC level, which indicates further impairment of the driver’s motor skills.

    How can multiple offenses affect me?

    After a single offense of aggravated DWI, those charged may be subject to multiple penalties that include fines up to $2,500 and possible jail time up to a year. They may also have their license revoked for a year. Some individuals may be eligible to be enrolled in the Impaired Driver Program and maintain a conditional license. As offenses of DWI add up with a higher BAC, individuals may face consequences that grow in severity. A second aggravated DWI charge may lead to the possibility of being convicted of a class E felony, which includes penalties of fines up to $5,000, jail time up to four years and license suspension of up to 18 months. Some individuals may be required to attend the Impaired Driver Program upon their own expense. A third charge of aggravated DWI may be considered a Class D felony due to the multiple offenses. Those who are charged may be subject to fines up to $10,000 and increased jail time up to seven years. Their license may also be revoked for at least 18 months. For these individuals, the Impaired Driver Program may also be a mandated course to participate in.

    If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.

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